A British case will give the opportunity to the European Court of Justice to tackle the State responsibility when an occupational pension scheme is no longer able to pay the retirement benefits. Within a context of developping company pension schemes, the Advocate general Kokott invites the Court to reply to the preliminary ruling that the State is not required to safeguard employees' pension rights in the event of insolvency of their employer. (Ref. 06735)
The Advocate general Kokott gave her opinion in the preliminary ruling raised by former employees of a company , which is in insolvent liquidation, who brought an action against the British Secretary of State for work and pensions claiming financial compensation because of the significant reduction in their contractually-agreed occupational pension consecutive to their company bankruptcy.
According to the EU Directive 80/97 on protection of employees in the event of their employer’s insolvency
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