Case C-460/06: Judgment of the Court (Third Chamber) of 11 October 2007 (reference for a preliminary ruling from the Tribunal du travail de Brussels, Belgium) — Nadine Paquay v Société d'architectes Hoet + Minne SPRL (Social policy — Protection of pregnant women — Directive 92/85/EEC — Article 10 — Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave — Period of protection — Decision to dismiss a female worker during that period of protection — Notification and implementation of the decision to dismiss after the expiry of that period — Equal treatment for male and female workers — Directive 76/207/EEC — Articles 2(1), 5(1) and 6 — Direct discrimination on grounds of sex — Sanctions)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: care of mothers and infants, dismissal, female work, interpretation of the law, job security, motherhood, occupational health, occupational safety

C 297/16

EN

Official Journal of the European Union

8.12.2007

Judgment of the Court (Third Chamber) of 11 October
2007 (reference for a preliminary ruling from the Tribunal
du travail de Brussels, Belgium) — Nadine Paquay v Société
d'architectes Hoet + Minne SPRL

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 prepara-
tory steps for such a decision before the end of that period.

(Case C-460/06) (1)

(Social policy — Protection of pregnant women — Directive
92/85/EEC — Article 10 — Prohibition on dismissal from the
beginning of pregnancy to the end of maternity leave —
Period of protection — Decision to dismiss a female worker
during that period of protection — Notification and imple-
mentation of the decision to dismiss after the expiry of that
period — Equal treatment for male and female workers —
Directive 76/207/EEC — Articles 2(1), 5(1) and 6 — Direct
discrimination on grounds of sex — Sanctions)

(2007/C 297/24)

Language of the case: French

2. A decision to dismiss on the grounds of pregnancy and/or child
birth is contrary to Articles 2(1) and 5(1) of Council Directive
76/207/EEC, of 9 February 1976, 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. 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 imple-
menting Articles 10 and 12 of Directive 92/85.

(1) OJ C 326, 30.12.2006.

Referring court

Tribunal du travail de Bruxelles

Parties to the main proceedings

Applicant: Nadine Paquay

Defendant: Société d'architectes Hoet + Minne SPRL

Re:

Reference for a preliminary ruling — Tribunal du travail de
Bruxelles — Interpretation of Articles 2(1), 5(1) and 6 of
Council Directive 76/207/EEC of 9 February 1976 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 (OJ 1976 L 39, p. 40),
and Article 10 of Council Directive 92/85/EEC of 19 October
1992 on the introduction of measures to encourage improve-
ments in the safety and health at work of pregnant workers and
workers who have recently given birth or are breast feeding
(OJ 1992 L 348, p. 1) — Prohibition of dismissal — Dismissal
of an employee decided on, because of her pregnancy or the
birth of a child, during the period of protection provided for by
the directive, but notified to that employee and implemented
after the expiry of that period.

Judgment of the Court (Eighth Chamber) of 27 September
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-465/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/98/EC — Re-use of public sector information — Failure
to transpose within the period prescribed)

(2007/C 297/25)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and R. Vidal Puig, Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez,
Agent)

Operative part of the judgment

1. Article 10 of 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 (tenth individual
Directive within the meaning of Article 16(1) of Directive
89/391/EEC) must be interpreted as prohibiting not only the
notification of a decision to dismiss on the grounds of pregnancy

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Directive 2003/98/EC of the European Parliament
and of the Council of 17 November 2003 on the re-use of
public sector information (OJ 2003 L 345, p. 90)