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Webb-Samann v Seagon (acting as liquidator in the insolvency of Baumarkt Praktiker DIY GmbH) (2016) (C-454/15) 24.11.16 (Unreported)

Reference for a preliminary ruling — Social policy — Directive 2008/94/EC article 8 — Protection of employees in the event of the insolvency of their employer — Provisions related to social security — Scope — Measures necessary to protect immediate or prospective entitlements of employees under supplementary pension schemes — Obligation to provide for a right to have outstanding pension contributions excluded from the scope of insolvency proceedings — Absence. HELD that article 8 did not require that outstanding salary claims which were deposited with the employer in order to be paid over to a pension fund by a particular date, but which were not paid by that employer into a separate account, be excluded from insolvency proceedings in respect of that employer's assets.

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Category: Employment » EC Law. Keyword(s): Insolvency. Area(s) of law: Employment; Litigation; Corporate and Commercial Law.

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