The Industrial Cases Reports
[2021] ICR 212
Court of Justice of the European Union
EM
v
TMD Friction GmbH
FL
v
TMD Friction EsCo GmbH
(Joined Cases C‑674/18 and C‑675/18)
EU:C:2020:682
2019 Dec 12;
2020 March 5;
Sept 9
2020 March 5;
Sept 9
President of Chamber E Regan,
Judges I Jarukaitis, E Juhász, M Ilešič, C Lycourgos
Advocate General E Tanchev
Judges I Jarukaitis, E Juhász, M Ilešič, C Lycourgos
Advocate General E Tanchev
Employment— Transfer of undertaking— Protection of employees— Insolvency proceedings instituted in relation to transferor— Administrator transferring business to transferees— Employees’ contracts and rights under pension scheme transferring— National law restricting transferees’ liability for pension benefits to entitlement accrued after opening of insolvency proceedings— National insolvency guarantee body governed by private law not required to cover all losses of benefit suffered by employees— Whether incompatible with EU law— Whether employees able to rely on direct effect of EU law against guarantee body—
Council Directive 2001/23/EC, arts 3(1)(4), 5(2)(a)
—
Parliament and Council Directive 2008/94/EC, art 8
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