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Case C-198/13: Judgment of the Court (Fifth Chamber) of 10 July 2014 (request for a preliminary ruling from the Juzgado de lo Social n °1 de Benidorm — Spain) — Víctor Manuel Julian Hernández and Others v Puntal Arquitectura SL and Others (Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Scope — Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought — No right to compensation in the case of invalid dismissals — Subrogation of the employee to the right to compensation of his employer in the event of that employer’s provisional insolvency — Discrimination against employees who are the subject of an invalid dismissal — Charter of Fundamental Rights of the European Union — Scope — Article 20)
ECLI:EU:UNKNOWN:62013CA0198
62013CA0198
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15.9.2014
Official Journal of the European Union
C 315/13
Judgment of the Court (Fifth Chamber) of 10 July 2014 (request for a preliminary ruling from the Juzgado de lo Social n° 1 de Benidorm — Spain) — Víctor Manuel Julian Hernández and Others v Puntal Arquitectura SL and Others
(Case C-198/13) (<span class="super">1</span>)
((Protection of employees in the event of the insolvency of their employer - Directive 2008/94/EC - Scope - Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought - No right to compensation in the case of invalid dismissals - Subrogation of the employee to the right to compensation of his employer in the event of that employer’s provisional insolvency - Discrimination against employees who are the subject of an invalid dismissal - Charter of Fundamental Rights of the European Union - Scope - Article 20))
2014/C 315/19
Language of the case: Spanish
Referring court
Juzgado de lo Social n° 1 de Benidorm
Parties to the main proceedings
Applicants: Víctor Manuel Julian Hernández, Chems Eddine Adel, Jaime Morales Ciudad, Bartolomé Madrid Madrid, Martín Selles Orozco, Alberto Martí Juan, Said Debbaj
Defendants: Puntal Arquitectura SL, Obras Alteamar SL, Altea Diseño y Proyectos SL, Ángel Muñoz Sánchez, Vicente Orozco Miro, Subdelegación del Gobierno de España en Alicante
Operative part of the judgment
National legislation, such as that at issue in the main proceedings, according to which an employer can request from the Member State concerned payment of remuneration which has become due during proceedings challenging a dismissal after the 60th working day following the date on which the action was brought and according to which, where the employer has not paid that remuneration and finds itself in a state of provisional insolvency, the employee concerned may, by operation of legal subrogation, claim directly from that State the payment of that remuneration, does not come within the scope 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 and cannot, therefore, be examined in the light of the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union and, in particular, of Article 20 thereof.
(<span class="super">1</span>) OJ C 189, 29.6.2013.