Request for a preliminary ruling from the Hessisches Landesarbeitsgericht (Germany) lodged on 24 August 2015 — Jürgen Webb-Sämann v Christopher Seagon (acting as liquidator in the insolvency of Baumarkt Praktiker DIY GmbH)

(Case C-454/15)

(2015/C 389/17)

Language of the case: German

Referring court

Hessisches Landesarbeitsgericht

Parties to the main proceedings

Applicant: Jürgen Webb-Sämann

Defendant: Christopher Seagon (acting as liquidator in the insolvency of Baumarkt Praktiker DIY GmbH)

Question referred

Is a national understanding of a rule under which 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 and therefore did not come within the scope of a right to have those claims excluded from insolvency proceedings in respect of the employer’s assets (Aussonderungsrecht) pursuant to Paragraph 47 of the German Insolvency Regulation contrary to Article 8 of Directive 2008/94/EC (1) or to other EU law?

(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 (OJ 2008 L 283, p. 36).