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Case C-30/10: Judgment of the Court (Eighth Chamber) of 10 February 2011 (reference for a preliminary ruling from the Linköpings tingsrätt — Sweden) — Lotta Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmyndigheten (Reference for a preliminary ruling — Directive 80/987/EEC — Article 10(c) — National provision — Guarantee of payment of employees’ outstanding claims — Exclusion of persons who, more recently than six months before the lodgement of the application for the declaration of insolvency of the company which employed them, were owners of an essential part of that company and had considerable influence on it)
ECLI:EU:UNKNOWN:62010CA0030
62010CA0030
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Official Journal of the European Union
C 103/9
(Case C-30/10) (<span class="super">1</span>)
(Reference for a preliminary ruling - Directive 80/987/EEC - Article 10(c) - National provision - Guarantee of payment of employees’ outstanding claims - Exclusion of persons who, more recently than six months before the lodgement of the application for the declaration of insolvency of the company which employed them, were owners of an essential part of that company and had considerable influence on it)
2011/C 103/13
Language of the case: Swedish
Referring court
Parties to the main proceedings
Applicant: Lotta Andersson
Defendant: Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmyndigheten
Re:
Reference for a preliminary ruling — Linköpings tingsrätt — Interpretation of Article 10(c) 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 — National legislation excluding from the guarantee of payment of employees’ outstanding claims persons who, more recently than six months before the lodgement of the application for the declaration of insolvency of the company which employed them, were owners of an essential part of that company and had considerable influence on it
Operative part of the judgment
Article 12(c) of Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 relating to the protection of employees in the event of the insolvency of their employer (Codified version) must be interpreted as not precluding a provision of national law which excludes an employee from entitlement under the guarantee of payment of employees’ outstanding claims on the ground that the employee, alone or together with close relatives, within the six months preceding the application for a declaration of insolvency, was the owner of an essential part of the undertaking or business concerned and had a considerable influence on its activities.
*
Language of the case: Swedish.