FrancovichAndOthers

FrancovichAndOthers - FRANCOVICH AND OTHERS J U D G M E N T...

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FRANCOVICH AND OTHERS JUDGMENT OF THE COURT 19 November 1991 * In Joined Cases C-6/90 and C-9/90, REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretura di Vicenza (Italy) (in Case C-6/90) and by the Pretura di Bassano del Grappa (Italy) (in Case C-9/90) for a preliminary ruling in the proceedings pending before those courts between Andrea Francovich and Italian Republic and between Danila Bonifaci and Others Italian Republic on the interpretation of the third paragraph of Article 189 of the EEC Treaty and Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of the employer (Official Journal 1980 L 283, p. 23), * Language of the case: Italian. I - 5403
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JUDGMENT OF 19. II. 1991—JOINED CASES C-6/90 AND C-9/90 THE COURT, composed of: O. Due, President, Sir Gordon Slynn, R. Joliét, F. A. Schockweiler, F. Grévisse and P. J. G. Kapteyn (Presidents of Chambers), G. F. Mancini, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias, M. Diez de Velasco and M. Zuleeg, Judges, Advocate General: J. Mischo, Registrar: D. Louterman, Principal Administrator, after considering the written observations submitted on behalf of — Andrea Francovich and Danila Bonifaci and Others by Claudio Mondin, Aldo Campesan and Alberto dal Ferro, of the Vicenza Bar, — the Italian Government by Oscar Fiumara, Avvocato dello Stato, acting as Agent, — the Government of the Netherlands by B. R. Bot, Secretary-General at the Ministry of Foreign Affairs, acting as Agent, — the United Kingdom by J. E. Collins, of the Treasury Solicitor's Department, acting as Agent, assisted by Richard Plender QC, — the Commission of the European Communities by Giuliano Marenco and Karen Banks, members of its Legal Service, acting as Agents, having regard to the Report for the Hearing, after hearing oral argument on behalf of Andrea Francovich and Danila Bonifaci, the Italian Government, the United Kingdom, the German Government, rep- resented by Jochim Sedemund, Rechtsanwalt, Cologne, acting as Agent, and the Commission at the hearing on 27 February 1991, I - 5404
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FRANCOVICH AND OTHERS after hearing the Opinion of the Advocate General at the sitting on 28 May 1991, gives the following Judgment 1 By orders of 9 July and 30 December 1989, which were received at the Court on 8 January and 15 January 1990 respectively, the Pretura di Vicenza (in Case C-6/90) and the Pretura di Bassano del Grappa (in Case C-9/90) referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty a number of questions on the interpretation of the third paragraph of Article 189 of the EEC Treaty and Council Directive 80/987/EEC of 20 October 1980 on the approx- imation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (Official Journal 1980 L 283, p. 23). 2 Those questions were raised in the course of proceedings brought by Andrea Fran- covich and by Danila Bonifaci and Others (hereinafter referred to as 'the plaintiffs') against the Italian Republic.
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FrancovichAndOthers - FRANCOVICH AND OTHERS J U D G M E N T...

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