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Case C-799/19: Request for a preliminary ruling from the Okresný súd Košice I (Slovakia) lodged on 30 October 2019 — NI, OJ, PK v Sociálna poisťovňa
ECLI:EU:UNKNOWN:62019CN0799
62019CN0799
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Valentina R., lawyer
EN
Official Journal of the European Union
C 19/32
(Case C-799/19)
(2020/C 19/33)
Language of the case: Slovak
Referring court
Parties to the main proceedings
Applicant: NI, OJ, PK
Defendant: Sociálna poisťovňa
Questions referred
1.Must Article 3 of Directive 2008/94/EC (1) 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 be interpreted as meaning that the concept of ‘employees’ outstanding claims resulting from contracts of employment’ also covers non-material damage suffered as a result of the death of an employee caused by an accident at work?
2.Must Article 2 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 be interpreted as meaning that where an action for enforcement has been brought against an employer in connection with a judicially recognised claim for compensation for non-material damage suffered as a result of the death of an employee caused by an accident at work, but the claim is deemed irrecoverable in the enforcement proceedings on the ground that the employer has no funds at its disposal, the employer in question is also deemed insolvent?
(1) OJ 2008 L 283, p. 36.