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European Observer on fundamental right's respect

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Case Law C-243/16 (14/12/2017)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/14/2017

Subject: The Court affirmed that Directive 2009/101/EC on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies must be interpreted as not conferring on employees, who are creditors of a public limited liability company as a result of the termination of their employment contract, a right to bring, before the same social court as that having jurisdiction over their action for recognition of their wage claims, an action to establish the liability of the director of that company, on the ground that he has failed to convene a general meeting of the company despite the heavy losses sustained by it, with a view to obtaining a declaration that he is jointly and severally liable for those wage claims

Parties: Miravitlles Ciurana e a.

Classification: Equality - Art. 20 Equality - Art. 21 Non discrimination - Justice - Art. 47 Justice: remedy - Justice: effective

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