PIL instrument(s)
Brussels I
Case number and/or case name
ITT20150507 Cass. n. 9210/2015 (BI)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels I
Article 1
Paragraph 2 SubParagraph c
Date of the judgement
06 May 2015
Appeal history
None
CJEU's case law cited by the court
None
Summary
A French judgment recognizing that the claimant is entitled to be paid by the Italian Social Security Service the end-of-employment contract indemnity (trattamento di fine rapporto, so called TFR) and the last three month salary due in relation to the employment contract concluded with a failed Italian company shall be recognized in Italy under Regulation (EC) No 44/2001 of 22 December 2000, such obligations falling outside the autonomous notion of «social security» excluded from the scope of application of Regulation (EC) No 44/2001 pursuant to Art. 1(2)(c), as intepreted by the European Court of Justice (judgment 14 November 2002, case C-271/00, Geemente Steenbergen c. Luc Baten) with reference to Art. 4 of Regulation (EEC) No 1408 of 14 June 1971 on the application of social security regimes to employed persons and their families moving within the Community.

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