Search Results for: Directive 80/987/EEC

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Maria Albertina Gomes Viana Novo v Fundo De Garantia Salarial Ip: ECJ 28 Nov 2013

ECJ Request for a preliminary ruling – Directive 80/987/EEC – Directive 2002/74/EC – Protection of employees in the event of employer’s insolvency – Guarantee institutions – Limitation on the payment obligation of the guarantee institution – Wage claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the … Continue reading Maria Albertina Gomes Viana Novo v Fundo De Garantia Salarial Ip: ECJ 28 Nov 2013

Meliha Veli Mustafa v Direktor Na Fond’Garantirani etc: ECJ 18 Apr 2013

ECJ Protection of employees in the event of insolvency of their employer – Directive 80/987/EEC – Directive 2002/74/EC – Directive 2008/94/EC – Articles 2 and 3 – Obligation to provide a guarantee for employees’ claims – Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings … Continue reading Meliha Veli Mustafa v Direktor Na Fond’Garantirani etc: ECJ 18 Apr 2013

Palmisani v Instituto Nazionale della Previdenze Sociale (INPS): ECJ 10 Jul 1997

(Judgment) (Rec 1997,p I-4025) Social policy – Protection of employees in the event of the insolvency of their employer – Council Directive 80/987/EEC – Liability of a Member State arising from belated transposition of a directive – Adequate reparation – Limitation period Citations: C-261/95, [1997] EUECJ C-261/95, [1997] ECR I-4025 Links: Bailii Statutes: Council Directive … Continue reading Palmisani v Instituto Nazionale della Previdenze Sociale (INPS): ECJ 10 Jul 1997

Van Ardennen v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen: ECJ 17 Nov 2011

ECJ (Social Policy) Directive 80/987/EEC – Protection of employees in the event of the insolvency of their employer – Insolvency benefit – Payment subject to registration as a job-seeker Judges: Bonichot P Citations: C-435/10, [2011] EUECJ C-435/10 Links: Bailii Statutes: Directive 80/987/EEC European, Employment Updated: 28 September 2022; Ref: scu.448733

Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999

(External relations) Article 234 EC (ex-Article 177) – EEA Agreement – Jurisdiction of the Court of Justice – Accession to the European Union – Directive 80/987/EEC – Liability of a StateAdvocate General Jacobs said: ‘Retroactive effect consists in the application of the rule to situations which were permanently fixed before that rule came into force. … Continue reading Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999

Visciano v Istituto nazionale della previdenza soziale: ECJ 2 Apr 2009

ECJ Social policy Approximation of laws Protection of employees in the event of employer insolvency – Directive 80/987 / EEC Obligation to pay claims arising from an employment relationship within the limit of a ceiling legal nature of the claims employed person in respect of the guarantee institution limitation periods general Principles of law Principles … Continue reading Visciano v Istituto nazionale della previdenza soziale: ECJ 2 Apr 2009

Robledillo Nunez v Fondo de Garantia Salarial: ECJ 21 Feb 2008

Europa (Fogasa) – Social policy Protection of workers in the event of insolvency of the employer – Directive 80/987/EEC amended by Directive 2002/74/EC First paragraph of Article 3 and Article 10(a) – Compensation for unfair dismissal agreed under an extra’judicial conciliation procedure – Payment guaranteed by the guarantee institution – Payment conditional upon the adoption … Continue reading Robledillo Nunez v Fondo de Garantia Salarial: ECJ 21 Feb 2008

Velasco Navarro (Social Policy): ECJ 17 Jan 2008

ECJ Social policy Protection of workers in the event of insolvency of their employer Directive 80/987/EEC amended by Directive 2002/74/EC Direct effect Compensation for unfair dismissal agreed under a judicial conciliation settlement Payment guaranteed by the guarantee institution Payment conditional upon the adoption of a judicial decision. Judges: K. Lenaerts, P Citations: C-246/06, [2008] EUECJ … Continue reading Velasco Navarro (Social Policy): ECJ 17 Jan 2008

Robins and Others v Secretary of State for Work and Pensions: ECJ 25 Jan 2007

ECJ Free movement of persons – Protection of employees in the event of the employer’s insolvency – Directive 80/987/EEC Transposition Article 8 Supplementary company or inter-company pension schemes – Old-age benefits – Protection of rights conferring immediate entitlement Extent of protection Liability of a Member State by reason of the incorrect transposition of a directive … Continue reading Robins and Others v Secretary of State for Work and Pensions: ECJ 25 Jan 2007

Barsotti and others C-19/01: ECJ 4 Mar 2004

(Judgment) Social policy – Protection of employees in the event of their employer’s insolvency – Directive 80/987/EEC – Limitation of liability of the guarantee institutions – Ceiling to the liability – Part payments by the employer – Social objective of the directive Citations: C-19/01, [2004] EUECJ C-19/01 Links: Bailii Jurisdiction: European Employment, Insolvency Updated: 03 … Continue reading Barsotti and others C-19/01: ECJ 4 Mar 2004

Istituto nazionale della previdenza sociale v Barsotti and Others C-84/01: ECJ 4 Mar 2004

ECJ (Social Policy) Social policy – Protection of employees in the event of their employer’s insolvency – Directive 80/987/EEC – Limitation of liability of the guarantee institutions – Ceiling to the liability – Part payments by the employer – Social objective of the directive Citations: [2004, ECR I-2005, C-84/01, [2004] EUECJ C-84/01 Links: Bailii European, … Continue reading Istituto nazionale della previdenza sociale v Barsotti and Others C-84/01: ECJ 4 Mar 2004

Barsotti and Others C-50/01: ECJ 4 Mar 2004

ECJ (Social Policy) Social policy – Protection of employees in the event of their employer’s insolvency – Directive 80/987/EEC – Limitation of liability of the guarantee institutions – Ceiling to the liability – Part payments by the employer – Social objective of the directive Citations: C-50/01, [2004] EUECJ C-50/01 Links: Bailii European Updated: 21 June … Continue reading Barsotti and Others C-50/01: ECJ 4 Mar 2004

Caballero v Fondo de Garantia Salarial (Fogasa): ECJ 12 Dec 2002

ECJ Social policy – Protection of employees in the event of the insolvency of their employer – Directive 80/987/EEC – Scope – ‘Claims’ – ‘Pay’ – ‘Salarios de tramitacion’ – Payment guaranteed by the guarantee institution – Payment subject to the adoption of a judicial decision. Citations: C-442/00, [2002] EUECJ C-442/00 Links: Bailii Statutes: Directive … Continue reading Caballero v Fondo de Garantia Salarial (Fogasa): ECJ 12 Dec 2002

Walker v Innospec Ltd and Others: SC 12 Jul 2017

The claimant appealed against refusal of his employer’s pension scheme trustees to include as a recipient of any death benefit his male civil partner. Held: The appeal succeeded. The salary paid to Mr Walker throughout his working life was precisely the same as that which would have been paid to a heterosexual man. There was … Continue reading Walker v Innospec Ltd and Others: SC 12 Jul 2017

Visciano v Istituto nazionale della previdenza soziale: ECJ 16 Jul 2009

ECJ Social policy Protection of workers Insolvency of employer Directive 80/987/EEC Obligation to pay all outstanding claims up to a pre-established ceiling Nature of an employee’s claims against a guarantee institution Limitation period C.W.A. Timmermans, P [2009] EUECJ C-69/08 – O, ECLI:EU:C:2009:468, C-69/08 Bailii Directive 80/987/EEC Citing: Opinion – Visciano v Istituto nazionale della previdenza … Continue reading Visciano v Istituto nazionale della previdenza soziale: ECJ 16 Jul 2009

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

Tumer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen: ECJ 12 Jun 2014

ECJ Opinion – Preliminary ruling – Directive 80/987/EEC – Directive 2002/74/EC – Protection of employees in case of insolvency of the employer – Employed a third State not holding a valid residence permit – Right the wage guarantee Yves Bot AG C-311/13, [2014] EUECJ C-311/13 – O, [2014] EUECJ C-311/13 Bailii, Bailii Directive 80/987/EEC, Directive … Continue reading Tumer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen: ECJ 12 Jun 2014

Stroumpoulis and Others (Judgment): ECJ 25 Feb 2016

ECJ Judgment – Reference for a preliminary ruling – Directive 80/987/EEC – Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer – Scope – Outstanding wage claims of seamen working on board a vessel flying the flag of a non-member country … Continue reading Stroumpoulis and Others (Judgment): ECJ 25 Feb 2016

Houldsworth and Another v Bridge Trustees Ltd and Another: SC 27 Jul 2011

The court was asked as to the dividing line, for regulatory purposes, between defined benefit (normally earnings-related) schemes and defined contribution (or money purchase) schemes. The Secretary of State asserted that some methods used to calculate benefits took the schemes outside the definition of ‘money purchase benefits’ in section 181(1) of the 1993 Act. Held: … Continue reading Houldsworth and Another v Bridge Trustees Ltd and Another: SC 27 Jul 2011