Thursday, 2 May 2013

Questions (113)

Pearse Doherty

Question:

113. Deputy Pearse Doherty asked the Minister for Social Protection further to the decision by the European Court of Justice in the appeal by workers at the former Waterford Crystal company in respect of their pension entitlements, the potential liability that arises in this case; if she will provide an estimate of potential liabilities in respect of other company pension schemes; and if she will make a statement on the matter. [20865/13]

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Written answers (Question to Social)

On the 25th April last, the European Court of Justice issued a ruling which contained a number of clarifications regarding transposition EU Directive 2008/94EC which concerns the protection of employees in the event of the insolvency of their employer. This ruling was in response to a July 2011 referral from the High Court regarding proceedings brought by former workers at Waterford Crystal.

The High Court had, in taking the view that interpretation of the provisions of the Directive 2008/94 was necessary in order for it to give its decision in this case, decided to stay the proceedings and to refer a number of questions to the Court of Justice for a preliminary ruling.

Following the ECJ ruling, the matter will now revert to the High Court for consideration. Given this matter remains before the courts it would not be appropriate that I comment further on any specific aspects of the case at this time.