Judgment_paragraph 31 · Meliha Veli Mustafa v Direktor na fond ‘Garantirani vzemania na rabotnitsite i sluzhitelite’ kam Natsionalnia osiguritelen institut (C-247/12)

31In that regard, it is clear from the actual wording of Article 2(1) of Directive 2008/94 that, in order for an employer to be deemed to be in a state of insolvency, it is necessary for a request to have been made for the opening of collective proceedings based on the insolvency of the employer, as provided for under the laws, regulations and administrative provisions of a Member State, involving the partial or total divestment of the employer’s assets and the appointment of a liquidator or a person performing a similar task, and for the competent authority under those provisions to have either decided to open the proceedings or established that the employer’s undertaking or business has been definitively closed down and that the available assets are insufficient to warrant the opening of such proceedings.