Opinion of the Advocate General — ECLI:EU:C:2005:677
Date: 2005-11-10
Language of the case: Spanish
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary of the Judgment Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive 76/207 (Council Directive 76/207, Arts 2(1) and (3), and 3) 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, precludes a national law which does not afford a woman who is on maternity leave the same rights as other successful applicants from the same recruitment competition as regards conditions for access to the career of an official by deferring the start of her career to the end of that leave, without taking account of the duration of the leave, for the purpose of calculating her seniority of service. (see para. 47, operative part)