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

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