24In that regard, it follows from recital 7 in the preamble to, and Article 12(a) to (c) of, Directive 2008/94 that the legislature did not intend to affect the Member States’ option to set limitations on the responsibility of the guarantee institutions in certain cases, including those set out in Article 12(c). The latter provision is based, among other things, on an implicit assumption that an employee who, simultaneously, owned an essential shareholding in the undertaking concerned and had a considerable influence on its activities could, thereby, be partly responsible for its insolvency.
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