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Case C-125/23, Unedic: Request for a preliminary ruling from the Cour d’appel d’Aix-En-Provence (France) lodged on 1 March 2023 — Association Unedic délégation AGS de Marseille v V, W, X, Y, Z, liquidator of company K
ECLI:EU:UNKNOWN:62023CN0125
62023CN0125
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Valentina R., lawyer
30.5.2023
Official Journal of the European Union
C 189/17
(Case C-125/23, Unedic)
(2023/C 189/23)
Language of the case: French
Referring court
Parties to the main proceedings
Appellant: Association Unedic délégation AGS de Marseille
Respondents: V, W, X, Y, Z, liquidator of company K
Questions referred
1.Can Directive 2008/94/EC (1) be interpreted as allowing the guarantee institution to be precluded from taking over the guarantee of severance pay on termination of employment relationships where an employee declares the termination of his or her contract of employment after insolvency proceedings have been initiated?
2.Is such an interpretation consistent with the wording and the purpose of that directive, and does it enable the results specified therein to be achieved?
3.Does such an interpretation, based on the person who terminated the contract of employment during the period of insolvency, entail a difference in treatment between employees?
4.If such a difference in treatment exists, is it objectively justified?
(1) 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 (OJ 2008 L 283, p. 36).