# C_2015294EN.01004101.xml

| 7.9.2015 | EN | Official Journal of the European Union | C 294/41 |
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7.9.2015

EN

Official Journal of the European Union

C 294/41

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Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 3 July 2015 — Maria Cristina Elisabetta Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero

(Case C-335/15)

(2015/C 294/53)

Language of the case: Italian

Referring court

Referring court

Consiglio di Stato

Parties to the main proceedings

Parties to the main proceedings

Applicant: Maria Cristina Elisabetta Ornano

Applicant:

Defendant: Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero

Defendant:

Question referred

Question referred

| 1. | Do Article 11, first paragraph, subparagraphs 1, 2(b) and (3), and the last and penultimate recitals in the preamble to Council Directive 92/85/EEC (1) of 19 October 1992 and Article 157(1), (2) and (4) TFEU (formerly Article 141(1), (2) and (4) EC), Article 158 TFEU (formerly Article 142 EC), where it requires that ‘Member States shall endeavour to maintain the existing equivalence between paid holiday schemes’, Articles 2(2)(c) and 14(1)(c) of Directive 2006/54/EC (2) of the European Parliament and of the Council of 5 July 2006, read together, and Article 15 and recitals 23 and 24 in the preamble to that directive, and, finally, Article 23 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1), preclude national legislation which, by virtue of Article 3(1) of Law No 27 of 19 February 1981, in the version prior to the amendment made by Article 1(325) of Law No 311 of 30 December 2004, does not allow payment of the allowance provided for therein for periods of compulsory maternity leave prior to 1 January 2005? |
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Do Article 11, first paragraph, subparagraphs 1, 2(b) and (3), and the last and penultimate recitals in the preamble to Council Directive 92/85/EEC (1) of 19 October 1992 and Article 157(1), (2) and (4) TFEU (formerly Article 141(1), (2) and (4) EC), Article 158 TFEU (formerly Article 142 EC), where it requires that ‘Member States shall endeavour to maintain the existing equivalence between paid holiday schemes’, Articles 2(2)(c) and 14(1)(c) of Directive 2006/54/EC (2) of the European Parliament and of the Council of 5 July 2006, read together, and Article 15 and recitals 23 and 24 in the preamble to that directive, and, finally, Article 23 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1), preclude national legislation which, by virtue of Article 3(1) of Law No 27 of 19 February 1981, in the version prior to the amendment made by Article 1(325) of Law No 311 of 30 December 2004, does not allow payment of the allowance provided for therein for periods of compulsory maternity leave prior to 1 January 2005?

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(1)  Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 348, pp. 1-7).

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(2)  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 (recast) (OJ 2006 L 204, pp. 23-36).

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