Information;Order — ECLI:EU:C:2021:62
Date: 2021-01-21
Language of the case: French
Court formation: Sixth Chamber
Subject matter: Approximation of laws;Social Policy;Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Belgium

summary of the reasons which led 
the Court of Justice to declare the request inadmissible] 
The court also recalls that the Court of Justice of the European Union concluded 
its order as follows: ‘It should be noted, however, that the referring court retains 
the right to submit a new request for a preliminary ruling when it is in a position 
to provide the Court with all the information enabling the Court to give a ruling’. 
The court considers that to be the case: as already noted, the explanations given by 
the applicant respond to the observations of the Court of Justice, to which it is 
appropriate to refer the two questions set out below for a preliminary ruling: 
ON THOSE GROUNDS, 
The court, 
... 
1) refers the following two questions to the Court of Justice of the European 
Union for a preliminary ruling: 
REQUEST FOR A PRELIMINARY RULING OF 3. 2. 2020 — CASE C-105/20 
 
12  
Anonymised version 
[1)] ‘Does the Royal Decree of 20 July 1971 establishing insurance for 
allowances and maternity insurance for self-employed workers and spouses 
infringe Articles 21 and 23 of the Charter of Fundamental Rights, 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, 
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), Council Directive 86/613/EEC of 11 December 1986 on 
the application of the principle of equal treatment between men and women 
engaged in an activity, including agriculture, in a self-employed capacity, 
and on the protection of self-employed women during pregnancy and 
motherhood and the Framework Agreement on part-time work implemented 
by Council Directive 97/81/EC of 15 December 1997 concerning part-time 
work in not providing for an adequate allowance in the context of maternity 
leave for a self-employed woman who works part-time on a supplementary 
basis but pays contributions as a worker on a primary basis, whereas a self-
employed woman who works part-time on a primary basis receives the full 
amount of the maternity allowance? 
[(2)] Does the Royal Decree of 20 July 1971 establishing insurance for 
allowances and maternity insurance for self-employed workers and spouses 
infringe Articles 21 and 23 of the Charter of Fundamental Rights, 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, 
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), Council Directive 86/613/EEC of 11 December 1986 on 
the application of the principle of equal treatment between men and women 
engaged in an activity, including agriculture, in a self-employed capacity, 
and on the protection of self-employed women during pregnancy and 
motherhood and the Framework Agreement on part-time work implemented 
by Council Directive 97/81/EC of 15 December 1997 concerning part-time 
work in not providing for an adequate allowance in the context of maternity 
leave for a female worker who, on a full-time basis, combines paid 
employment with a self-employed activity, whereas a self-employed woman 
working full-time receives the full amount of the maternity allowance?’.  
2) ... [overview of the information presented] 
... 
[stay of proceedings]