Considers that current levels of consumer protection in the event of airline bankruptcy or insolvency are inadequate, and that optional insurance policies are not a substitute for statutory entitlements; calls on the Commission to submit a legislative proposal encompassing suitable measures to protect passengers in the event of the insolvency or bankruptcy of an airline or the withdrawal of an airline’s operating licence, which would cover such areas as the repatriation of stranded passengers in the event of cessation of operations, compulsory airline insurance or the creation of a guarantee fund; draws attention, in this connection, t ...[+++]o its resolution of 25 November 2009 on passenger compensation in the event of airline bankruptcy; urges the Commission to work towards an international agreement extending the provisions for such action to third-country airlines;

Member States shall take the measures necessary to ensure that non-payment of compulsory contributions due from the employer, before the onset of his insolvency, to their insurance institutions under national statutory social security schemes does not adversely affect employees’ benefit entitlement in respect of these insurance institutions in so far as the employees’ contributions have been deducted at source from the remuneration paid.

Member States shall take the measures necessary to ensure that non-payment of compulsory contributions due from the employer, before the onset of his insolvency, to their insurance institutions under national statutory social security schemes does not adversely affect employees’ benefit entitlement in respect of these insurance institutions in so far as the employees’ contributions have been deducted at source from the remuneration paid.

In order to ensure equitable protection for the employees concerned, the state of insolvency should be defined in the light of the legislative trends in the Member States and that concept should also include insolvency proceedings other than liquidation.

3. Member States shall take the measures necessary to ensure that, in the cases referred to in paragraph 1 of this Article, decisions taken in the context of insolvency proceedings referred to in Article 2(1), which have been requested in another Member State, are taken into account when determining the employer’s state of insolvency within the meaning of this Directive.

In order to ensure equitable protection for the employees concerned, the state of insolvency should be defined in the light of the legislative trends in the Member States and that concept should also include insolvency proceedings other than liquidation.