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European Observer on fundamental right's respect

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Case Law C-198/13 (10/07/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/10/2014

Subject: The Court affirmed that national legislation according to which an employer can request from the Member State concerned payment of remuneration which has become due during proceedings challenging a dismissal after the 60th working day following the date on which the action was brought and according to which, where the employer has not paid that remuneration and finds itself in a state of provisional insolvency, the employee concerned may, by operation of legal subrogation, claim directly from that State the payment of that remuneration, does not come within the scope of Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer and cannot, therefore, be examined in the light of the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union and, in particular, of Article 20 thereof.

Parties: Víctor Manuel Julian Hernández e a.

Classification: Equality - Art. 20 Equality - Art. 21 Non discrimination - Solidarity - Art. 30 Protection against unjustified dismissal

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