Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/25/2020

Subject: The Court affirmed that an employer cannot be deemed to be in a ‘state of insolvency’ where an action for enforcement has been brought against that employer in connection with a judicially recognised claim for compensation, but the claim is deemed irrecoverable in the enforcement proceedings on account of that employer’s informal insolvency. It is, however, for the referring court to ascertain whether, in accordance with Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer, the Member State concerned has decided to extend employee protection as provided for under that directive to such a situation of insolvency. Moreover, the Court affirmed that compensation due from an employer to surviving close relatives for non-material damage suffered as a result of the death of an employee caused by an accident at work may only be regarded as constituting ‘employees’ claims arising from contracts of employment or employment relationships’ within the meaning of that directive where it is covered by the concept of ‘pay’ as defined under national law, that being a matter for the national court to determine

Parties: Sociálna poist’ovňa

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 34 Social security

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