Case C-125/23, Insolvency:

Association UNEDIC délégation AGS de Marseille – v – V, W, X, Y, Z, Liquidator of company K, reference lodged by the Cour d’appel d’Aix-En-Provence (France) on 1 March 2023

Can Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer be interpreted as allowing the guarantee institution to be precluded from taking over the guarantee of severance pay on termination of employment relationships where an employee declares the termination of his or her contract of employment after insolvency proceedings have been initiated?
Is such an interpretation consistent with the wording and the purpose of that directive, and does it enable the results specified therein to be achieved?
Does such an interpretation, based on the person who terminated the contract of employment during the period of insolvency, entail a difference in treatment between employees?
If such a difference in treatment exists, is it objectively justified?