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CJEU Case C-149/10 / Judgment

Zoi Chatzi v Ypourgos Oikonomikon

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Decision date:
16/09/2010

Key facts of the case:

Social policy – Directive 96/34/EC – Framework agreement on parental leave – Interpretation of clause 2.1 of the framework agreement – Person granted the right to parental leave – Parental leave in the event of the birth of twins – Meaning of ‘birth’ – Taking account of the number of children born – Principle of equal treatment.

Outcome of the case:

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

  • Clause 2.1 of the framework agreement on parental leave concluded on 14 December 1995, which is set out in the annex to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC as amended by Council Directive 97/75/EC of 15 December 1997, cannot be interpreted as conferring an individual right to parental leave on the child;
  • Clause 2.1 of the framework agreement is not to be interpreted as requiring the birth of twins to confer entitlement to a number of periods of parental leave equal to the number of children born. However, read in the light of the principle of equal treatment, this clause obliges the national legislature to establish a parental leave regime which, according to the situation obtaining in the Member State concerned, ensures that the parents of twins receive treatment that takes due account of their particular needs. It is incumbent upon national courts to determine whether the national rules meet that requirement and, if necessary, to interpret those national rules, so far as possible, in conformity with European Union law.