1) This request for a preliminary ruling concerns the interpretation of Articles 2 and 6 to 8 of Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 [EC], with a view to making such safeguards equivalent (OJ 2009 L 258, p. 11), Articles 19 and 36 of Directive 2012/30/EU of the European Parliament and of the Council of 25 October 2012 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 54 [TFEU], in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent (OJ 2012 L 315, p. 74) and of Articles 20, 21 and 51 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

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25) The referring court adds that the Law on companies provides for directors to be liable where they fail to comply with the provisions of Directives 2009/101 and 2012/30. More specifically, it states that Article 367 of that law, which concerns the joint and several liability of directors, is intended to transpose Article 19 of Directive 2012/30 into domestic law. The referring court therefore takes the view that such liability falls within the scope of those directives. It considers that the case-law of the Tribunal Supremo (Supreme Court) may contravene those directives, in the light of the principles of equal treatment and non-discrimination laid down in Articles 20 and 21 of the Charter, by requiring creditors whose claims arise under an employment contract to bring an action to establish the aforementioned liability before a different court from the court with jurisdiction to recognise their claims.

26) In those circumstances, the Juzgado de lo Social n.o 30 de Barcelona (Social Court No 30, Barcelona) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:

‘(1) Under Directives 2009/101 and 2012/30 and their transposing provisions in Articles 236, 237, 238, 241 and 367, inter alia, of the [Law on companies], does a creditor of a company who pursues his employment-related claim before the competent Spanish courts — the social courts — have the right to bring simultaneously before the same court a direct action against the company for the recognition of employment-related debts and, cumulatively, an action against a natural person — the company director —, as a person with joint and several liability for the company’s debts, on the ground of non-fulfilment of the company obligations laid down in those directives and transposed in the [Law on companies]?

(2) Is it possible that the case-law of the Sala de lo Social (Social Division) of the Tribunal Supremo (Supreme Court) … might infringe Articles 2, 6, 7 and 8 of Directive 2009/101 and Articles 19 and 36 of Directive 2012/30, in holding that Spanish social courts may not apply directly in relation to employment-related claims the safeguards, provided for in those directives and transposed into Spanish law in Articles 236, 237, 238, 241, 367 and others of the [Law on companies], for creditors of companies when those ultimately in charge of such companies — natural persons — fail to comply with the formal requirements regarding disclosure of basic documents of the company laid down in Directive 2009/101 and Directive 2012/30 and transposed in the Law on companies? (3)

Is it possible that the case-law of the Sala de lo Social (Social Division) of the Tribunal Supremo (Supreme Court) … might be contrary to Articles 20 and 21, in conjunction with Article 51, of the [Charter] in requiring a creditor whose claims arise under an employment contract — an employee — to bring two sets of legal proceedings, the first before the social courts for recognition of the employment-related claim against the employer and the second before the civil or commercial courts to obtain the joint and several guarantee of the company director or other natural persons, when that requirement is not laid down for any other type of creditor — regardless of the nature of his claim — in Directive 2009/101, Directive 2012/30 or any of the domestic legal provisions … transposing those Community provisions into Spanish law?’

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27) By its questions, which it is appropriate to examine together, the referring court asks, in essence, whether Directive 2009/101, in particular Articles 2 and 6 to 8 thereof, and Directive 2012/30, in particular Articles 19 and 36 thereof, read in the light of Articles 20 and 21 of the Charter, must be interpreted as conferring on employees, who are creditors of a public limited liability company as a result of the termination of their employment contract, a right to bring, before the same social court as that having jurisdiction over their action for recognition of their wage claims, an action to establish the liability of the director of that company, on the ground that he has failed to convene a general meeting of the company despite the heavy losses sustained by it, with a view to obtaining a declaration that he is jointly and severally liable for those wage claims.

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34) Since Article 19 of Directive 2012/30 does not impose any specific obligation on the Member States in this regard, the situation at issue in the main proceedings cannot be assessed in the light of the provisions of the Charter (see, to that effect, judgment of 10 July 2014, Julián Hernández and Others, C‑198/13, EU:C:2014:2055, paragraph 35 and the case-law cited).