Francovich and Others 1

FRANCOVICH AND OTHERS

J U D G M E N T OF T H E C O U R T 19 November 1991 *

In Joined Cases C-6/90 and C-9/90,

REFERENCE to the Court under Article 177 of the EEC Treaty by the Pretura di Vicenza (Italy) (in Case C-6/90) and by the Pretura di Bassano del Grappa (Italy) (in Case C-9/90) for a preliminary ruling in the proceedings pending before those courts between

Andrea Francovich

and

Italian Republic

and between

Danila Bonifaci and Others

and

Italian Republic

on the interpretation of the third paragraph of Article 189 of the EEC Treaty and Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of the employer (Official Journal 1980 L 283, p. 23),

* Language of the case: Italian.

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JUDGMENT OF 19. II. 1991—JOINED CASES C-6/90 AND C-9/90

T H E COURT,

composed of: O. Due, President, Sir Gordon Slynn, R. Joliét, F. A. Schockweiler, F. Grévisse and P. J. G. Kapteyn (Presidents of Chambers), G. F. Mancini, J. C. Moitinho de Almeida, G. C. Rodriguez Iglesias, M. Diez de Velasco and M. Zuleeg, Judges,

Advocate General: J. Mischo, Registrar: D. Louterman, Principal Administrator,

after considering the written observations submitted on behalf of

— Andrea Francovich and Danila Bonifaci and Others by Claudio Mondin, Aldo Campesan and Alberto dal Ferro, of the Vicenza Bar,

— the Italian Government by Oscar Fiumara, Avvocato dello Stato, acting as Agent,

— the Government of the Netherlands by B. R. Bot, Secretary-General at the Ministry of Foreign Affairs, acting as Agent,

— the United Kingdom by J. E. Collins, of the Treasury Solicitor's Department, acting as Agent, assisted by Richard Plender QC,

— the Commission of the European Communities by Giuliano Marenco and Karen Banks, members of its Legal Service, acting as Agents,

having regard to the Report for the Hearing,

after...