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
ECLI (European case law identifier)
ECLI:EU:C:2019:757
  • CJEU C-366/18 / Judgment

    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.