Judgment_paragraph 42 · O. Tümer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (C-311/13)

42Furthermore, according to the case-law of the Court, the first subparagraph of Article 2(2) of Directive 80/987 must be interpreted in the light of the social objective of that directive, which is to guarantee employees a minimum of protection at EU level in the event of the employer’s insolvency through payment of outstanding claims resulting from contracts of employment or employment relationships and relating to pay for a specific period. Member States therefore cannot define at will the term ‘employee’ in such a way as to undermine the social objective of that directive (see, by analogy, judgment in van Ardennen, C‑435/10, EU:C:2011:751, paragraphs 27 and 34).