Case Law C-246/06 (17/01/2008)
Type: Judgment
Authority: European Authorities: Euopean Communities' Court of Justice
Date: 01/17/2008
Subject: The Court of Justice, asked to verify whether the provision of Directive, like one on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer, not yet transposed into the national law of a Member State, is capable of having direct effect between the date of its entry into force and the deadline for its transposition, ruled that this act cannot, in any event, be relied upon in relation to a state of insolvency which occurred before that date. The Court ruled also that where rules of national law fall within the scope of Directive 80/987, as amended by Directive 2002/74, the national courts are bound, as regards a state of insolvency occurring between the date of the entry into force of Directive 2002/74 and the deadline for transposition of that directive into national law, to ensure that the application of those rules of national law is consistent with the principle of non-discrimination, as recognised by the Community legal order.
Parties: Josefa Velasco Navarro c/ Fondo de GarantÃa Salarial (Fogasa)
Classification: Solidarity - Art. 30 Protection against unjustified dismissal
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