Request for a preliminary ruling from the Tribunal Central Administrativo Norte (Portugal) lodged on 4 February 2013 — Marina da Conceição Pacheco Almeida v Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP

(Case C-57/13)

2013/C 108/35

Language of the case: Portuguese

Referring court

Tribunal Central Administrativo Norte

Parties to the main proceedings

Appellant: Marina da Conceição Pacheco Almeida

Respondent: Fundo de Garantia Salarial, IP, Instituto da Segurança Social, IP

Question referred

Is European Union law, in the specific context of a guarantee covering wage claims in the event of the employer’s insolvency, in particular Articles 4 and 10 of Directive 80/987/EEC, (1) to be interpreted as precluding a provision of national law which guarantees only claims falling due in the six months preceding the initiation of insolvency proceedings against the employer, even where the employee has brought an action against that employer before the Tribunal do Trabalho (Labour Court) with a view to obtaining a judicial determination of the amount outstanding and an enforcement order to recover those sums?

(1)  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. (OJ 1980 L 283 p. 23).