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Case C-310/07: Judgment of the Court (Fourth Chamber) of 16 October 2008 (reference for a preliminary ruling from the Lunds tingsrätt — Sweden) — Svenska staten represented by the Tillsynsmyndigheten i konkurser v Anders Holmqvist (Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 80/987/EEC — Article 8a — Activities carried out in a number of Member States)
ECLI:EU:UNKNOWN:62007CA0310
62007CA0310
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Official Journal of the European Union
C 313/8
(Case C-310/07)
(Approximation of laws - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Article 8a - Activities carried out in a number of Member States)
(2008/C 313/12)
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Svenska staten represented by the Tillsynsmyndigheten i konkurser
Defendant: Anders Holmqvist
Re:
Reference for a preliminary ruling — Lunds Tingsrätt — Interpretation of Article 8a 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 2003 (OJ 2002 L 270, p. 10) — Wage guarantee for a worker employed in a road haulage undertaking having its head office and only establishment in a Member State and which carries out deliveries of goods between the Member State of origin and other Member States.
Operative part of the judgment
Article 8a 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, as amended by Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2003, must be interpreted as meaning that, in order for an undertaking established in a Member State to be regarded as having activities in the territory of another Member State, that undertaking does not need to have a branch or fixed establishment in that other State. The undertaking must, however, have a stable economic presence in the latter State, featuring human resources which enable it to perform activities there. In the case of a transport undertaking established in a Member State, the mere fact that a worker employed by it in that State delivers goods between that State and another Member State cannot demonstrate that the undertaking has a stable economic presence in another Member State.
(<span class="super">1</span>) OJ C 211, 8.9.2007.