DREPTURI SALARIALE DATORATE DE ANGAJATORUL AFLAT ÎN INSOLVENŢĂ. PERIOADA PENTRU CARE SE PLĂTESC DREPTURILE SALARIALE DIN FONDUL DE GARANTARE PENTRU PLATA CREANŢELOR SALARIATE. DIRECTIVA NR. 2002/74/CE /
SALARY ENTITLEMENTS DUE BY THE INSOLVENT EMPLOYER. THE PERIOD FOR WHICH THE SALARY ENTITLEMENTS ARE PAID FROM THE GUARANTEE FUND FOR THE PAYMENT OF EMPLOYEE CLAIMS. DIRECTIVE 2002/74/EC.

Summary/Abstract: The applicant was employed by company [...], which entered the bankruptcy proceedings. The defendant was ordered by the first instance court to pay the applicant the sum of RON 4500, representing salary entitlements relating to the months of January to March 2013. The applicant did not appear with salary claims in the preliminary table of claims entered by the liquidator’s own motion, so that she filed a claim against the debtor's estate and lodged an objection. The employee requested payment of salary rights not paid by the insolvent employer under Law No 200/2006 and Directive 2002/74/EC. The claimant's claim was dealt with by the Bucharest Municipal Employment Agency – A.M.O.F.M București, by issuing Provision No [...] concerning the rejection of the application. This provision issued by the territorial agency in accordance with Article 21(1) and (3) of the Law was challenged by the applicant in the present case. The court of first instance upheld the appeal and ordered the defendant to pay the claimant to the applicant the sum of RON 4500. Limitation period applies only to the exercise of the substantive right to legal action. It does not appear from the normative act that it is stipulated in how long/within which the applicant can submit the request provided for in Article 19(2) of Law. The time limit for initiating proceedings is a special one, shorter than three years. Law does not distinguish between stages of insolvency and does not impose a time limit by which the respective salary claims must be reported. The mechanism involving the payment of salary claims, including those payable from the Guarantee Fund, involves both the insolvenhip administrator and the liquidator, which means that the period of bankruptcy is also envisaged. Court finds that the defendant rightly points out that the applicant does not fall within the provisions of Article 15(2) and (3) of Law No 200/2006. Claims that “succeed” the date of opening of the proceedings are the claims of the employees of the employer in a state of insolvency after the month in which the proceedings were opened. Claims arising from activities relating to the closure of Claims that “succeed” the date of opening of the proceedings are the claims of the employees of the employer in a state of insolvency after the month in which the proceedings were opened. Claims arising from activities relating to the closure of business and the preservation of assets during the bankruptcy period are paid from the debtor’s assets.

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