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Case C-17/17: Judgment of the Court (Fourth Chamber) of 6 September 2018 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Grenville Hampshire v The Board of the Pension Protection Fund (Reference for a preliminary ruling — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum level of protection guaranteed)
ECLI:EU:UNKNOWN:62017CA0017
62017CA0017
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5.11.2018
Official Journal of the European Union
C 399/6
(Case C-17/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Protection of employees in the event of the insolvency of their employer - Directive 2008/94/EC - Article 8 - Supplementary pension schemes - Protection of entitlement to old-age benefits - Minimum level of protection guaranteed))
(2018/C 399/07)
Language of the case: English
Referring court
Parties to the main proceedings
Appellant: Grenville Hampshire
Respondent: The Board of the Pension Protection Fund
Interested party: Secretary of State for Work and Pensions
Operative part of the judgment
1.Article 8 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 must be interpreted as meaning that every individual employee must receive old-age benefits corresponding to at least 50 % of the value of his accrued entitlement under a supplementary occupational pension scheme in the event of his employer’s insolvency.
2.In circumstances such as those in the main proceedings, Article 8 of Directive 2008/94 has direct effect and may, therefore, be invoked before a national court by an individual employee in order to challenge a decision of a body such as the Board of the Pension Protection Fund.
(<span class="note">1</span>) OJ C 78, 13.3.2017.