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Case C-101/21: Judgment of the Court (Seventh Chamber) of 5 May 2022 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — HJ v Ministerstvo práce a sociálních věcí (Reference for a preliminary ruling — Social policy — Directive 2008/94/EC — Protection of employees in the event of their employer’s insolvency — Article 2(2) — Concept of ‘employee’ — Article 12(a) and (c) — Limitations on the responsibility of the guarantee institutions — Person exercising, on the basis of a contract of employment entered into with a trading company, the functions of a management board member and chief executive officer of that company — Concurrent exercise of functions — National case-law refusing that person the benefit of the guarantees laid down by that directive)
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62021CA0101
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Official Journal of the European Union
C 257/10
(Case C-101/21) (1)
(Reference for a preliminary ruling - Social policy - Directive 2008/94/EC - Protection of employees in the event of their employer’s insolvency - Article 2(2) - Concept of ‘employee’ - Article 12(a) and (c) - Limitations on the responsibility of the guarantee institutions - Person exercising, on the basis of a contract of employment entered into with a trading company, the functions of a management board member and chief executive officer of that company - Concurrent exercise of functions - National case-law refusing that person the benefit of the guarantees laid down by that directive)
(2022/C 257/14)
Language of the case: Czech
Referring court
Parties to the main proceedings
Applicant: HJ
Defendant: Ministerstvo práce a sociálních věcí
Operative part of the judgment
Article 2(2) and Article 12(a) and (c) of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer, as amended by Directive (EU) 2015/1794 of the European Parliament and of the Council of 6 October 2015, must be interpreted as precluding national case-law according to which a person who, on the basis of a valid contract of employment under national law, performs concurrently the duties of chief executive officer and of a member of a statutory body of a trading company cannot be regarded as an employee within the meaning of that directive and, therefore, cannot benefit from the guarantees provided for by that directive.
(1) OJ C 148, 26.4.2021.