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Case Gomes Viana Novo - Protection of employees in the event of employer?s insolvency
 

Judgment

Case C-309/12

 

Decision:

 

"On those grounds, the Court (Fifth Chamber) hereby rules:

Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer, in its original version, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, must be interpreted as meaning that it does not preclude national legislation which does not guarantee wage claims falling due more than six months before the commencement of an action seeking a declaration that the employer is insolvent, even where the workers initiated, prior to the start of that period, legal proceedings against their employer with a view to obtaining a determination of the amount of those claims and an enforcement order to recover those sums."

 

 
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