2021/10 Employee’s right to a guaranteed payment arises after a court decision for opening of bankruptcy proceedings is published (BG)

The Bulgarian Supreme Administrative Court has ruled that an employee’s right to a guaranteed payment from the Guaranteed Receivables Fund arises only after a court decision for opening of bankruptcy proceedings has been issued and the decision has been published in the Commercial Register with the Registry Agency of the Republic of Bulgaria. Therefore, if this condition is not met, the employee is not entitled to such payment even if the employer is de facto insolvent.

2021/10 Employee’s right to a guaranteed payment arises after a court decision for opening of bankruptcy proceedings is published (BG)

The Bulgarian Supreme Administrative Court has ruled that an employee’s right to a guaranteed payment from the Guaranteed Receivables Fund arises only after a court decision for opening of bankruptcy proceedings has been issued and the decision has been published in the Commercial Register with the Registry Agency of the Republic of Bulgaria. Therefore, if this condition is not met, the employee is not entitled to such payment even if the employer is de facto insolvent.

ECJ 25 November 2020, case C-799/19 (Sociálna poisťovňa), Insolvency

NI, OJ, PK - v - Sociálna poisťovňa, Slovak case

ECJ 25 November 2020, case C-799/19 (Sociálna poisťovňa), Insolvency

NI, OJ, PK - v - Sociálna poisťovňa, Slovak case

ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, Insolvency

EM - v - TMD Friction GmbH (C-674/18) and FL - v - TMD Friction EsCo GmbH (C-675/18), German cases

ECJ 9 September 2020, Joined Cases C-674/18 and C-675/18 (TMD Friction), Transfer of Undertakings, Employment Terms, Insolvency

EM - v - TMD Friction GmbH (C-674/18) and FL - v - TMD Friction EsCo GmbH (C-675/18), German cases

ECJ 19 December 2019, case C-168/18 (Pensions-Sicherungs-Verein VVaG), Insolvency, pension

Pensions-Sicherungs-Verein VVaG – v – Günther Bauer, German case

ECJ 19 December 2019, case C-168/18 (Pensions-Sicherungs-Verein VVaG), Insolvency, pension

Pensions-Sicherungs-Verein VVaG – v – Günther Bauer, German case

ECJ 6 September 2018, C‑17/17 (Grenville Hampshire), Insolvency

Each ex-employee of an insolvent employer is individually entitled to at least 50% of the pension that s/he would have enjoyed, had no insolvency taken place.

Grenville Hampshire – v – The Board of the Pension Protection Fund, British case

ECJ 6 September 2018, C‑17/17 (Grenville Hampshire), Insolvency

Each ex-employee of an insolvent employer is individually entitled to at least 50% of the pension that s/he would have enjoyed, had no insolvency taken place.

Grenville Hampshire – v – The Board of the Pension Protection Fund, British case