Judgment of the Court (Fifth Chamber) of 9 September 2020.#EM v TMD Friction GmbH and FL v TMD Friction EsCo GmbH.#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.#Joined Cases C-674/18 and C-675/18.