ECJ backs gov't over AS&W pension case

In its opinion, published today, the advocate general stated Article 8 of the Insolvency Directive does, in principle, extend the full protection of employees’ “interests and benefits under company or inter-company pension schemes”, to “adverse effects resulting from the under-financing of the benefits scheme, if those adverse effects are attributable to insolvency”. But despite this, advocate general Kokott, said the directive does not require the UK government to “directly incur in respect of shortfalls in benefits that have not been adequately secured”. In addition it says the govern...