# C_2010301EN.01000302.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/3 |
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6.11.2010

EN

Official Journal of the European Union

C 301/3

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Judgment of the Court (First Chamber) of 16 September 2010 (reference for a preliminary ruling from the Diikitiko Efetio Thessalonikis — Greece) — Zoi Chatzi v Ipourgos Ikonomikon

(Case C-149/10) (1)

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(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)

2010/C 301/04

Language of the case: Greek

Referring court

Referring court

Diikitiko Efetio Thessalonikis

Parties to the main proceedings

Parties to the main proceedings

Applicant: Zoi Chatzi

Applicant:

Defendant: Ipourgos Ikonomikon

Defendant:

Re:

Re:

Reference for a preliminary ruling — Diikitiko Efetio Thessalonikis — Interpretation of clause 2.1 of the framework agreement on parental leave annexed to Council Directive 96/34/ΕC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (OJ 1996 L 145, p. 4), in conjunction with Article 24 of the Charter of Fundamental Rights of the European Union (OJ 2010 C 83, p. 389) — Parental leave granted in the event of the birth of twins — Grant of a single period of parental leave in the event of the birth of twins — Infringement of Article 21 of the Charter of Fundamental Rights on the grounds of discrimination on the basis of birth and a restriction on the right of twins that is not permitted by the principle of proportionality?

Operative part of the judgment

Operative part of the judgment

| 1. | 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. |
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1.

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.

| 2. | 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. |
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2.

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.

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(1)  OJ C 148, 5.6.2010.

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