Reference for a preliminary ruling from the Linköpings tingsrätt (Sweden) lodged on 19 January 2010 — Lotta Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmyndigheten

(Case C-30/10)

2010/C 100/26

Language of the case: Swedish

Referring court

Linköpings tingsrätt

Parties to the main proceedings

Applicant: Lotta Andersson

Defendant: Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmyndigheten

Question referred

Is a national provision which excludes an employee from a preferential right on the basis that he, on his own or together with his close relatives, more recently than six months before the application for a declaration of insolvency, was the owner of an essential part of the employer’s undertaking or business and had a considerable influence on its activities compatible with Article 10(c) of Directive 2002/74/EC of the European Parliament and of the Council of 23 September 2002 (1) amending Council Directive 80/987/EEC 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? (2)

(1)  OJ L 270, p. 10.

(2)  OJ L 283, p. 23.