Judgment of the Court (Sixth Chamber) of 12 December 2002. Ángel Rodríguez Caballero v Fondo de Garantía Salarial (Fogasa). Reference for a preliminary ruling: Tribunal Superior de Justicia de Castilla-La Mancha - Spain. Social policy - Protection of employees in the event of the insolvency of their employer - Directive 80/987/EEC - Scope - Claims - Pay - Salarios de tramitación - Payment guaranteed by the guarantee institution - Payment subject to the adoption of a judicial decision. Case C-442/00.

«(Social policy – Protection of employees in the event of the insolvency of their employer – Directive 80/987/EEC – Scope – Claims – Pay – Salarios de tramitación – Payment guaranteed by the guarantee institution – Payment subject to the adoption of a judicial decision)»

JUDGMENT OF THE COURT (Sixth Chamber)12 December 2002 (1)

((Social policy – Protection of employees in the event of the insolvency of their employer – Directive 80/987/EEC – Scope – Claims – Pay – Salarios de tramitación – Payment guaranteed by the guarantee institution – Payment subject to the adoption of a judicial decision))

and

THE COURT (Sixth Chamber),,

after considering the written observations submitted on behalf of:

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 27 June 2002,

gives the following

On those grounds,

THE COURT (Sixth Chamber),

Puissochet

Gulmann

Skouris

Macken

Colneric

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber