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Rulings

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

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

Journal European Employment Law Cases, Issue 1 2020
Keywords Insolvency, Pension
Abstract

    A reduction of old-age pensions under Directive 2008/94 is manifestly disproportionate if the former employee lives or would have to leave below Eurostat’s at-risk-of-poverty threshold, even if s/he receives at least half of the amounts of the benefits from his/her acquired rights.

ECJ Court Watch

ECJ 25 October 2017, case C-106/16 (Polbud), Miscellaneous

Polbud – v – Wykonawstwo sp. z o.o., Polish case

Journal European Employment Law Cases, Issue 1 2018
Keywords Miscellaneous
Abstract

    Member States may not impose mandatory liquidation on companies that wish to transfer their registered office to another Member State. A restriction on freedom of establishment may be justified by overriding reasons in the public interest, such as the protection of the interests of creditors, minority shareholders and employees, but a general mandatory liquidation goes beyond what is necessary to achieve the objective of protecting these interests.

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