Request for a preliminary ruling from the Centrale Raad van Beroep (Netherlands) lodged on 7 June 2013 — O. Tümer v Raad van Bestuur van het Uitvoeringsinstituut werknemersverzekeringen

(Case C-311/13)

2013/C 252/31

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: O. Tümer

Defendant: Raad van Bestuur van het Uitvoeringsinstituut werknemersverzekeringen

Question referred

Should the Insolvency Directive, (1) in particular Articles 2, 3 and 4 of that Directive, given its basis in Article 137(2) of the EC Treaty (now Article 153(2) of the TFEU), be interpreted as meaning that a national rule such as Article 3(3) and Article 61 of the [Werkloosheidswet], under which a foreign national who is a national of a third country and who does not hold a valid residence permit in the Netherlands within the meaning of Article 8(a) to (e) and (l) of the Vreemdelingenwet 2000 is not regarded as an employee, is incompatible with it, even in a case such as that of the appellant, who has applied for an insolvency benefit, who under civil law must be regarded as an employee and who meets the other conditions for it to be granted?

(1)  Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36).