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Judges to rule on steel pensions Judges to rule on steel pensions
(about 2 hours later)
The European Court of Justice is poised to make a ruling in the case of 1,000 former steelworkers who lost their pensions when their firm folded.The European Court of Justice is poised to make a ruling in the case of 1,000 former steelworkers who lost their pensions when their firm folded.
Unions have claimed that the UK government failed to implement an EU law which would have protected workers.Unions have claimed that the UK government failed to implement an EU law which would have protected workers.
Allied Steel and Wire (ASW) staff in Cardiff and Sheerness, Kent, lost their jobs and most of their pensions when the firm went under in 2002.Allied Steel and Wire (ASW) staff in Cardiff and Sheerness, Kent, lost their jobs and most of their pensions when the firm went under in 2002.
The UK government has argued it has done all it was required under EU law.The UK government has argued it has done all it was required under EU law.
An EU insolvency directive from 1980 requires member states to take measures to protect employees' pensions.An EU insolvency directive from 1980 requires member states to take measures to protect employees' pensions.
The case was referred to the European judges, who sit in Luxembourg, by the UK's High Court in November 2004.The case was referred to the European judges, who sit in Luxembourg, by the UK's High Court in November 2004.
Last year, the advocate general - who advises the court's judges - said although the UK had flaws in its protection for workers who lost pensions, the breach was not serious enough to trigger the government's liability under EU law.Last year, the advocate general - who advises the court's judges - said although the UK had flaws in its protection for workers who lost pensions, the breach was not serious enough to trigger the government's liability under EU law.
Unions representing the ASW workers say the case has implications for about 125,000 people across the UK who lost pensions following bankruptcy.Unions representing the ASW workers say the case has implications for about 125,000 people across the UK who lost pensions following bankruptcy.
Victims of insolvencyVictims of insolvency
If the outcome is successful, the case will return to the High Court, which would decide if the breaches are significant enough to make the government pay full compensation to victims of insolvency before 2005.If the outcome is successful, the case will return to the High Court, which would decide if the breaches are significant enough to make the government pay full compensation to victims of insolvency before 2005.
Ex-ASW workers in Luxembourg in 2006 for an earlier hearingEx-ASW workers in Luxembourg in 2006 for an earlier hearing
The court action was brought jointly by the unions Community and Amicus.The court action was brought jointly by the unions Community and Amicus.
The pension loss emerged after ASW folded in July 2002, with the loss of 800 jobs in Cardiff and 200 in Sheerness.The pension loss emerged after ASW folded in July 2002, with the loss of 800 jobs in Cardiff and 200 in Sheerness.
The former steelworkers' plight led the UK government to set up a £400m pensions protection fund to protect pension rights when a firm goes bust. The former steelworkers' plight led the UK government to set up a £400m Financial Assistance Scheme to protect pension rights when a firm goes bust.
This was included in a new pensions bill, published in 2004, but there was disappointment that the legislation was not retrospective.This was included in a new pensions bill, published in 2004, but there was disappointment that the legislation was not retrospective.
A spokesman for the Department of Works and Pensions last year said that the advocate general found "that the facts of the case would not warrant payment of damages."A spokesman for the Department of Works and Pensions last year said that the advocate general found "that the facts of the case would not warrant payment of damages."
But he added that the department "await the court's judgement".But he added that the department "await the court's judgement".