Maria Albertina Gomes Viana Novo and others v Fundo de Garantia Salarial IP

Posted In: Case Law
  • Case Reference
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
Issues covered: Insolvency of Employer

The employer of Ms Gomes Viana Novo stopped paying her salary from April 2003 and she terminated her contract of employment on 15 September 2003, as she was entitled to do under the relevant applicable national law. On 10 February 2004 Ms Gomes Viana Novo brought an action before the Labour Court (Barcelos), seeking a judicial determination of the amount of her wage claim and an enforcement order to recover that sum. Her action was upheld.

As the goods comprising the employer’s assets were insufficient to cover the claims, on 28 November 2005 Ms Gomes Viana Novo brought an action before the Commercial Court (Vila Nova de Gaia) seeking a declaration that the employer was insolvent. After

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This article is correct at 02/05/2014

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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