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Case C-57/17: Judgment of the Court (Seventh Chamber) of 28 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain) — Eva Soraya Checa Honrado v Fondo de Garantía Salarial (Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 3, first paragraph — Payment guaranteed by the guarantee institution — Severance pay on termination of employment relationships — Transfer of workplace obliging the worker to change residence — Change to a fundamental element of the contract of employment — Termination of the contract of employment by the worker — Principle of equality and non-discrimination)
ECLI:EU:UNKNOWN:62017CA0057
62017CA0057
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(Case C-57/17) (1)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Eva Soraya Checa Honrado
Defendant: Fondo de Garantía Salarial
Operative part of the judgment
The first paragraph of Article 3 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, where, according to the national legislation in question, some forms of statutory compensation payable on termination of a contract of employment at the worker’s request and those payable in the case of dismissals on objective grounds, such as those envisaged by the referring court, fall within the concept of ‘severance pay on termination of employment relationships’, within the meaning of that provision, statutory compensation payable on termination of a contract of employment at the worker’s request on account of a transfer of workplace by the employer, obliging the worker to change residence, must also fall within that concept.
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(1) OJ C 121, 18.4.2017.