ECJ case C-310/07 on 16th October 2008, reported at [2009] ICR 675 and at [2008] IRLR 970
Representation for the UK government:
if a "cross-border" employer becomes insolvent the critical point to consider in determining which of 2 or more EU countries must pay up under the state guarantees of unpaid wages required by EU law is in which Member State(s) did the employer have a stable economic presence. In the case of a transport undertaking established in a Member State, the mere fact that a worker employed by it in that State delivers goods between that State and another Member State does not demonstrate that the undertaking has a stable economic presence in the other Member State.
For relevant general notes see European Law/DIRECTIVES etc/insolvent employer