Protection of employees of insolvent employers: pension rights - EM v TMD Friction GmbH (C-674/18 and C-675/18) [ECJ AdvGen] 05.03.20 (Unreported)
Social policy — Directive 2001/23/EC — Safeguarding of employees rights in the event of transfer of undertakings, businesses or parts of undertakings or businesses — Articles 3 and 5 — Directive 2008/94/EC — Safeguarding the rights of employees in the event of insolvency of employers — Article 8 of Directive 2008/94 — Supplementary pension benefits — Whether transferees responsible for supplementary pension benefits of employees of an undertaking transferred from an insolvent transferor. OPINION concerning the circumstances, if any, in which responsibility with respect to certain pension benefits - which were not payable, as a matter of Member State law, by an institution charged with protecting the pension rights of employees of insolvent undertakings pursuant to Directive 2008/94 art.8 - should be imposed on the transferee of the insolvent undertaking, by operation of Directive 2001/23 arts 3 and/or 5.Link to Opinion
Category: Employment » Transfer of undertakings; EC Law; Pensions. Keyword(s): Insolvency. Area(s) of law: Employment.