Hogan, v Minister for Social and Family Affairs, Ireland, [2013] EUECJ C-398/11 (25 April 2013)

Hogan, v Minister for Social and Family Affairs, Ireland, [2013] EUECJ C-398/11 (25 April 2013)

Directive 2008/94/EC requires Member States to ensure that employees receive at least half of their accrued supplementary occupational pension rights in the event of employer insolvency; state pension benefits cannot be counted towards this minimum, and economic circumstances do not justify a lower level of protection. Ireland's measures post-Robins and Others did not meet this standard, constituting a serious breach of EU law.

Citation
[2013] EUECJ C-398/11
Parties
Plaintiffs: Mr Hogan and other former employees of Waterford Crystal Limited; Defendants: Minister for Social and Family Affairs, Ireland and the Attorney General
Jurisdiction
European Union
Judgment Date
25 April 2013
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Referred Questions
Outcome
Preliminary ruling: Directive 2008/94/EC applies; state pension cannot be counted; Ireland's measures insufficient; economic crisis not a justification; breach is serious if less than 49% protected.
Legal Topics
Directive 2008/94/ec, Protection of Employees, Employer Insolvency, Supplementary Occupational Pensions, Transposition of EU Law, State Liability
European Union Law Employment Law Pensions Law Directive 2008/94/ec Protection of Employees Employer Insolvency Supplementary Occupational Pensions Transposition of EU Law +1 more

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Parties

Mr Hogan and other former employees of Waterford Crystal Limited

Plaintiffs

Minister for Social and Family Affairs, Ireland and the Attorney General

Defendants

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Referred Questions

Legal Issues

  1. 1 Applicability of Directive 2008/94/EC to supplementary occupational pensions
  2. 2 Whether state pension benefits can be considered in compliance assessment under Article 8
  3. 3 Causation requirements for loss of pension rights under Article 8

Ratio Decidendi

Directive 2008/94/EC requires Member States to ensure that employees receive at least half of their accrued supplementary occupational pension rights in the event of employer insolvency; state pension benefits cannot be counted towards this minimum, and economic circumstances do not justify a lower level of protection. Ireland's measures post-Robins and Others did not meet this standard, constituting a serious breach of EU law.

Court Disposition

Preliminary ruling: Directive 2008/94/EC applies; state pension cannot be counted; Ireland's measures insufficient; economic crisis not a justification; breach is serious if less than 49% protected.

Orders

  • Directive 2008/94/EC applies to former employees' supplementary pension rights.
  • State pension benefits may not be considered in compliance with Article 8.