34With regard to the latter condition, it is apparent from Article 2(1) of Directive 80/987 that such a ‘state of insolvency’ requires, first, that the laws, regulations and administrative provisions of the Member State concerned establish a procedure to satisfy collectively the claims of creditors, second, that it is possible under that procedure to take into consideration employees’ claims arising from contracts of employment or employment relationships, third, that an application has been made to open the proceedings and, fourth, that the authority which is competent under the national provisions in question has 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 the proceedings (see judgment in Francovich, C‑479/93, EU:C:1995:372, paragraph 18).
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