Judgment — ECLI:EU:C:2007:601
Date: 2007-10-11
Language of the case: French
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: Equality for men and women;Protection of the health and safety of workers
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment 1. Social policy – Protection of the safety and health of workers – Pregnant, nursing or breastfeeding workers – Directive 92/85 – Prohibition of dismissal – Scope (Council Directive 92/85, Art. 10) 2. Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Discriminatory dismissal (Council Directives 76/207, Arts 2(1), 5(1) and 6, and 92/85, Arts 10 and 12) 1. Article 10 of Directive 92/85 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 must be interpreted as prohibiting not only the notification of a decision to dismiss on the grounds of pregnancy and/or of the birth of a child during the period of protection set down in paragraph 1 of that article but also the taking of preparatory steps for such a decision, such as searching for and finding a permanent replacement for the relevant employee, before the end of that period. (see paras 33, 38, operative part 1) 2. A decision to dismiss on the grounds of pregnancy and/or child birth is contrary to Articles 2(1) 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 irrespective of the moment when that decision to dismiss is notified and even if it is notified after the end of the period of protection set down in Article 10 of Directive 92/85 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. Since such a decision to dismiss is contrary to both Article 10 of Directive 92/85 and Articles 2(1) and 5(1) of Directive 76/207, the measure chosen by a Member State under Article 6 of that latter directive to sanction the infringement of those provisions must be at least equivalent to the sanction set down in national law implementing Articles 10 and 12 of Directive 92/85. (see paras 42, 54, operative part 2)