Joined Cases C-674/18 and C-675/18: Judgment of the Court (Fifth Chamber) of 9 September 2020 (requests for a preliminary ruling from the Bundesarbeitsgericht — Germany) — EM v TMD Friction GmbH (C-674/18), FL v TMD Friction EsCo GmbH (C-675/18) (Reference for a preliminary ruling — Social policy — Transfers of undertakings — Directive 2001/23/EC — Articles 3 and 5 — Safeguarding of employees’ rights — Protection of employees in the event of the insolvency of their employer — Transfer made by the insolvency administrator of the transferring undertaking subject to insolvency proceedings — Occupational old-age pension benefits — Restriction on the obligations of the transferee — Amount of the benefit payable under the supplementary occupational pension scheme calculated on the basis of the employee’s pay when insolvency proceedings were instituted — Directive 2008/94/EC — Article 8 — Direct effect — Conditions)