Case C-223/07: Order of the President of the Court of 8 November 2007 — Commission of the European Communities v Kingdom of Sweden
Date: 2007-11-08
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, approximation of laws, high-speed transport, rail transport, trans-European network, transport regulations

26.1.2008

EN

Official Journal of the European Union

C 22/39

Pleas in law and main arguments

1. The Commission, after examining all the Greek legislation
for the transposition into Greek law of Directive 96/34/EC
on the framework agreement on parental leave concluded by
UNICE, CEEP and the ETUC, found that certain clauses of
that framework agreement confirmed by the directive were
still
transposed deficiently and incorrectly in relation to
workers in the merchant navy.

2. More specifically, the relevant Greek legislation which ratifies
collective agreements in the field has a restricted scope since
it does not apply to workers on all merchant vessels.

3. In addition, in order for the foregoing workers to be recog-
nised as having the right to parental
leave, it is necessary
under the Greek legislation for the following conditions,
which are additional to those set out in the directive, to
apply:

— 12 months' previous service on the same vessel;

— employment of at least 30 persons on that vessel;

— proof that the other parent is working;

— classification of the return from parental leave as a new
seaman's contract and a required new period of work of
a minimum of 6 or 7 months;

— assumption of the costs of the sending of a replacement

by the navy;

— application of the national legislation in question only to
seamen's contracts which commence after the entry into
force of the collective agreements;

— classification of commercial obligations as grounds of
force majeure justifying not granting parental leave.

4. Finally, the Commission states that there is no mention in
either the collective agreements or the ministerial decrees
ratifying them of the question of the protection of workers
from dismissal on the grounds of applying for or taking
parental leave.

5. Therefore,

the Commission considers

the Hellenic
that
Republic has failed to fulfil
its obligations under Directive
96/34/EC and, more specifically, under Clauses 1(2), 2(1),
2(3)(b), 2(3)(e) and (f), 2(4) and 2(6) of the framework agree-
ment on parental leave annexed to that directive.

(1) OJ L 145, 19.6.1996, p. 4.

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-20/07) (1)

(2008/C 22/69)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 56, 10.3.2007.

Order of the President of the Court of 8 November 2007
— Commission of the European Communities v Kingdom
of Sweden

(Case C-145/07) (1)

(2008/C 22/70)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 95, 28.4.2007.

Order of the President of the Court of 8 November 2007
— Commission of the European Communities v Kingdom
of Sweden

(Case C-223/07) (1)

(2008/C 22/71)

Language of the case: Swedish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 140, 23.6.2007.