EN Official Journal of the European Union C 220/6

Judgment of the Court (Third Chamber) of 16 July 2009 (Reference for a preliminary ruling from the Juzgado de lo Social de Madrid — Spain) — Evangelina Gómez-Limón Sánchez-Camacho v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Alcampo SA

(Case C-537/07) (1)

(Directive 96/34/EC - Framework agreement on parental leave - Entitlements acquired or being acquired at the start of the leave - Continued receipt of social security benefits during the leave - Directive 79/7/EEC - Principle of equal treatment for men and women in matters of social security - Acquisition of entitlements to permanent invalidity pension acquired during parental leave)

2009/C 220/08

Language of the case: Spanish

Referring court

Juzgado de lo Social de Madrid

Parties to the main proceedings

Applicant: Evangelina Gómez-Limón Sánchez-Camacho

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Alcampo SA

Re:

Reference for a preliminary ruling — Juzgado de lo Social de Madrid (Spain) — Interpretation of Clause 2(6) and (8) of the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC annexed to Directive 96/34 of 3 June on (OJ 1996 L 145, p. 4) and of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24) — Domestic legislation providing for the amount of invalidity pension to be calculated in relation to the salary received during a certain period before the occurrence of the event giving rise to the pension — Part-time parental leave during that period — Effects.

Operative part of the judgment

1. Clause 2(6) of the framework agreement on parental leave concluded on 14 December 1995, annexed to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC can be relied on by individuals before a national court;

2. Clause 2(6) and (8) of the framework agreement on parental leave does not preclude the taking into account, in the calculation of an employee’s permanent invalidity pension, of the fact that he has taken a period of part-time parental leave during which he made contributions and acquired pension entitlements in proportion to the salary received;

3. Clause 2(8) of the framework agreement on parental leave does not impose obligations on the Member States, apart from that of examining and determining social security questions related to that framework agreement in accordance with national legislation. In particular, it does not require them to ensure that during parental leave employees continue to receive social security benefits. Clause 2(8) thereof cannot be relied on by individuals before a national court against public authorities;

4. The principle of equal treatment for men and women and, in particular, the principle of equal treatment for men and women in matters of social security, within the meaning of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, does not preclude an employee, during part-time parental leave, from acquiring entitlements to a permanent invalidity pension according to the time worked and the salary received and not as if he had worked on a full-time basis.

(1) OJ C 64, 8.3.2008.