08 February 2007
Robins v Secretary of State for Work and Pensions: C-278/05 [2007] All ER (D) 195 (Jan)
The Financial Assistance Scheme introduced in the UK by the Pensions Act 2004 and subsidiary legislation does not ensure the protection provided for by Council Directive 80/987/EEC and so does not constitute proper implementation of Art 8 of the Directive. Compensation is obtainable if it can be demonstrated that the UK has shown a manifest and grave disregard for the limits of its discretion.
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