Hernández and others v Reino de España (Subdelegación del Gobierno de España en Alicante) and others C-198/13, [2014] All ER (D) 16 (Aug)
National legislation, such as that at issue in the main proceedings, according to which an employer could request from the member state concerned payment of remuneration which had become due during proceedings challenging a dismissal after the 60th working day following the date on which the action had been brought and according to which, where the employer had not paid that remuneration and found itself in a state of provisional insolvency, the employee concerned could, by operation of legal subrogation, claim directly from that state the payment of that remuneration, did not come within the scope of the Directive 2008/94 (EC) (on the protection of employees in the event of the insolvency of their employer) and could not, therefore, be examined in the light of the fundamental rights guaranteed by the Charter on the Fundamental Rights of the European Union and, in particular, of Art 20 thereof.
