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CJEU C-366/18 / Judgment

REQUEST for a preliminary ruling under Article 267 TFEU from the Juzgado de lo Social No 33 de Madrid (Social Court No 33, Madrid, Spain)

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Sixth Chamber)
Type:
Decision
Decision date:
18/09/2019

Key facts of the case:

This request for a preliminary ruling concerns the interpretation of Articles 8, 10 and 157 TFEU, Article 3 TEU, Article 23 and Article 33(2) of the Charter of Fundamental Rights of the European Union (hereinafter referred to as the ‘Charter’) and Articles 1 and 14(1) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23), read in conjunction with Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ 2010 L 68, p. 13)

 

Outcome of the case:

On those grounds, the Court (Sixth Chamber) hereby rules:

Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC must be interpreted as not applying to national legislation, such as that at issue in the main proceedings, which provides for a worker’s right, in order to take direct care of minors or dependent family members, to reduce his ordinary hours of work, with a proportional reduction in his salary, without being able, when his usual work system is in shifts with a variable schedule, to benefit from a fixed working schedule while maintaining his ordinary hours of work.