Opinion of the Advocate General — ECLI:EU:C:1997:2
Date: 1997-01-09
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgmen t 
Social policy — Men and women — Access to employment and working conditions — Equal 
treatment — National rules depriving a woman of the right to an assessment of her performance 
owing to her absence from the undertaking whilst on maternity leave — Not permissible 
(Council Directive 76/207, Arts 2(3) and 5(1)) 
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SUMMARY — CASE C-136/95 
Articles 2(3) and 5(1) of Directive 76/207 on 
the implementation of the principle of equal 
treatment for men and women as regards 
access to employment, vocational training 
and promotion, and working conditions pre­
clude national rules which deprive a woman 
of the right to an assessment of her perfor­
mance and, consequently, to the possibility 
of qualifying for promotion because she was 
absent from the undertaking on account of 
maternity leave. 
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