Failure to correctly transpose EU directive makes State liable for damages to worker owed money by former employer

Employment – entitlement of the appellant to be paid from the Social Insurance Fund a debt due to her by her former employer – State’s obligations pursuant to Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employer – Payment of Wages Act 1991, the Organisation of Working Time Act 1997 and the Unfair Dismissals Acts 1977 to 2001 – s. 12B of the Companies (Amendment) Act 1982 – Article 3 of EU Regulation 1346/2000 – s. 251 of the Companies Act 1990 – s. 297A of the Companies Act 1963 – s. 140 of the Companies Act 1990 – Protection of Employees (Employers’ Insolvency) Act 1984 – Article 2(1)(b) of Directive 2008/94/EC – whether the State is obliged to make the payment to the appellant out of the Social Insurance Fund in accordance with the principles of direct effect – Francovich principles – meaning of "state of insolvency" – whether the State has failed to fully and properly transpose Directive 2008/94/EC – State has failed to correctly transpose Article 2(1) of Directive 2008/94/EC – damages – appellant is entitled to recover damages in the sum of €16,818.75 against the State for its failure to correctly transpose Directive 2008/94/EC – appeal allowed.