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Case C-498/06: Judgment of the Court (Fourth Chamber) of 21 February 2008 (reference for a preliminary ruling from the Juzgado de lo Social Único de Algeciras (Spain)) — Maira María Robledillo Núñez v Fondo de Garantía Salarial (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 of a judicial decision — Principles of equality and non-discrimination)
ECLI:EU:UNKNOWN:62006CA0498
62006CA0498
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Official Journal of the European Union
(Case C-498/06)
(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 of a judicial decision - Principles of equality and non-discrimination)
(2008/C 92/10)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Maira María Robledillo Núñez
Defendant: Fondo de Garantía Salarial (Fogasa)
Re:
Reference for a preliminary ruling — Juzgado de lo Social Único de Algeciras — Interpretation of Article 3 of Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23), as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 (OJ 2002 L 270, p. 10) — Scope of the guarantee offered by the guarantee institution — Compensation in the event of termination of the employment relationship — National rules which require judgment or administrative decision for such compensation — Principles of equality and non-discrimination
Operative part of the judgment
The first paragraph of Article 3 of Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002, is to be interpreted as meaning that a Member State has the power to exclude compensation granted for unfair dismissal from the payment guarantee of the guarantee institutions pursuant to that provision where they have been recognised by an extra-judicial conciliation settlement and such exclusion, objectively justified, constitutes a measure necessary to avoid abuses within the meaning of Article 10(a) of that directive.
* * *
(1) OJ C 56, 10.3.2007.