Facts
The case concerns the exclusion from the entitlement to insolvency compensation pursuant to Art. 51 para. 2 AVIG for persons who, in their capacity as shareholders, as financially involved in the business, or as members of the supreme operational decision-making body, can determine or significantly influence the decisions of the employer. The appellant was a member of the Board of Directors of the insolvent employer company until November 12, 1995 and claimed entitlement to insolvency compensation.
Considerations
The Federal Court decided that for the question of the intertemporal applicability of Art. 51 para. 2 AVIG, not only the time of the bankruptcy opening, but also the time of the actual departure from the Board of Directors and the beginning of the employer's financial difficulties are decisive. Since the appellant had already left the Board of Directors before January 1, 1996, the effective date of the new provision, and the financial difficulties already existed at that time, the exclusion from the entitlement to insolvency compensation also applies for the period after his departure from the Board of Directors until the bankruptcy.
The Federal Court further states that for the exclusion from the entitlement to insolvency compensation under Art. 51 para. 2 AVIG, the time of the actual resignation from the Board of Directors and not the time of deletion in the commercial…