Regeling v Bestur van de Bedrijfsvereniging voor de Metaalnijverheid

Regeling v Bestur van de Bedrijfsvereniging voor de Metaalnijverheid (1999) C-125/97 is a UK insolvency law

UK insolvency law

United Kingdom insolvency law deals with the insolvency of firms and individuals in the United Kingdom. The important statutes are the Insolvency Act 1986, as amended by the Enterprise Act 2002, as well as the Company Director Disqualification Act 1986 and the Companies Act 2006.Insolvency is a...

and labour law

Labour law

Labour law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees...

case, concerning the protection of employees' salaries on their employer's insolvency.

Facts

Mr Regeling was a Dutch welder. He received sporadic pay from January 1991 until August 1991 when with notice the contract was terminated and the employer went bankrupt. He claimed pay from the Bestur van de Bedrijfsvereniging voor de Metaalnijverheid, the guarantee institution for employee's claims in the Netherlands. This was turned down because the period guaranteed was 13 weeks before termination, and in that period, making up for prior shortfalls, more than normal wages were paid.

Judgment

The European Court of Justice held that Mr Regeling still had a good claim, because the employers late payments should be set off first against the outstanding wage debt. To do otherwise would undermine the minimum protection of the guarantee.

Facts

Judgment

See also