The advocate general of the ECJ considers that the general principle of equality is opposed to a national regulation which provides that redundancy payments are paid by the national public guarantee fund for wages, on a purely subsidiary basis, only when they were recognized by way of judgment or administrative decision, by excluding from this mechanism the redundancy payments established via a conciliation agreement. (Ref. 06432)
The Spanish law provides that redundancy payments are payable by the Spanish guarantee fund only if they were recognized by way of judgment or administrative decision. So the Spanish law excludes from this payment the allowances obtained by way of a conciliation agreement. Facing a dispute over these conventional allowances, the Spanish jurisdiction addressed to the ECJ prejudicial questions. The aim was to know if this provision of the Spanish law is compatible with the general principle...
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