In a case judged on last January 25th, the CJEC affirmed that the State was not due to finance itself the pensions due within the framework of an supplementary company pension scheme, insolvent following the bankruptcy of the company which financed it. It must however set up a guarantee scheme which does not obligatorily cover all the acquired rights, but ensures a correct level of protection. (Ref. 070075)
The Court of Justice decided following the case brought by two people affiliated to British company pension plans in liquidation following the bankruptcy of their company which financed these schemes. Considering that the regulation in force in the United Kingdom did not bring them the sufficient level of protection prescribed by the directive 80/987 which protects employees in the event of employer’s insolvency (and in particular article 8 which precisely aims the cases of old age pensions due
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