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Document 62021CJ0710

Judgment of the Court (Seventh Chamber) of 16 February 2023.
IEF Service GmbH v HB.
Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims.
Case C-710/21.

ECLI identifier: ECLI:EU:C:2023:109

Case C‑710/21

IEF Service GmbH

v

HB

(Request for a preliminary ruling from the Oberster Gerichtshof)

Judgment of the Court (Seventh Chamber) of 16 February 2023

(Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims)

Social policy – Approximation of laws – Protection of employees in the event of the insolvency of their employer – Directive 2008/94 – National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers – Competent guarantee institution – Undertaking pursuing its activities in a number of Member States – Meaning

(European Parliament and Council Directive 2008/94, Art. 9(1); Council Directive 80/987, as amended by Directive 2002/74, Art. 8a)

(see paragraphs 37-41, 44-46)

See the text of the decision.

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