Order of the Court (Eighth Chamber) of 12 February 2026 – Societatea Naţională [U]
(Case C‑861/24)
( Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Social policy – Directive (EU) 2019/1158 – Protection against dismissal – National provisions more favourable to the protection of the safety and health of workers – Parental leave – National rule laying down a general and absolute prohibition on the dismissal of a worker in receipt of a reintegration incentive – Article 16 and Article 17(1) of the Charter of Fundamental Rights of the European Union – No implementation of EU law – Clear lack of jurisdiction of the Court )
Social policy – Male and female workers – Access to employment and working conditions – Equal treatment – Directive 2019/1158 – Protection against dismissal – National provisions more favourable to the protection of the safety and health of workers – Parental leave – National rule laying down a general and absolute prohibition on the dismissal of a worker in receipt of a reintegration incentive – National rule not falling within the scope of the directive – No implementation of EU law
(Charter of Fundamental Rights of the European Union, Art. 51(1); European Parliament and Council Directive 2019/1158, Arts 12(1) and 16(1))
(see paragraphs 25-32)
Operative part
It is clear that the Court of Justice has no jurisdiction to answer the questions referred by the Curtea de Apel Constanţa (Court of Appeal, Constanţa, Romania) by decision of 27 November 2024.