43Second, it should be pointed out that the claims for payment made by the applicants in the main proceedings on the basis of Article 116(2) of the LPL, which are before the referring court, do not relate to a period covered by the guarantee of Fogasa, but go beyond that guarantee. As is apparent from paragraph 30 of the present judgment, those employees obtained from Fogasa payments of pay claims up to the statutory limits which satisfied the obligation of minimum protection for employees in the event of the employer’s insolvency imposed by Directive 2008/94. In those circumstances, the fact of granting, or not granting, to the applicants in the main proceedings the right resulting from Article 116(2) of the LPL is not capable of affecting or limiting the minimum protection that the Spanish State has guaranteed to them via Fogasa, in accordance with Articles 3 and 4 of that directive.
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