Checa Honrado v Fondo de Garantia Salarial

European Union – Employment. The first paragraph of art 3 of Directive (EC) 2008/94 should be interpreted as meaning that, where, according to the national legislation in question, some forms of statutory compensation payable on termination of a contract of employment at the worker's request and those payable in the case of dismissals on objective grounds, such as those envisaged by the referring court, fell within the concept of 'severance pay on termination of employment relationships', within the meaning of that provision, statutory compensation payable on termination of a contract of employment at the worker's request on account of a transfer of workplace by the employer, obliging the worker to change residence, should also fall within that concept. The Court of Justice of the European Union so held in proceedings concerning the respondent Spanish Wages Guarantee Fund's refusal to guarantee the applicant employee, on account of the insolvency of her empoyer, payment of the severeance pay payable on termination of her contract of employment.

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