28The first paragraph of Article 3 of Directive 2008/94 provides that Member States are to take the measures necessary to ensure that guarantee institutions guarantee, subject to Article 4 of the directive, payment of employees’ outstanding claims resulting from contracts of employment or employment relationships, including, where provided for by national law, severance pay on termination of employment relationships. The second paragraph of that article states that the claims taken over by the guarantee institution are the outstanding pay claims relating to a certain period determined by the Member States.
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