Case C-105/20: Request for a preliminary ruling from the Tribunal du travail de Nivelles (Belgium) lodged on 27 February 2020 — UF v Union Nationale des Mutualités Libres (Partenamut) (UNMLibres)
Date: 2020-02-27
Institutions: Court of Justice
Subjects: equal treatment, female worker, gender equality, holding of two jobs, maternity benefit, maternity leave, self-employed person, self-employment, sexual discrimination








C_2020175EN.01000501.xml










25.5.2020   


EN


Official Journal of the European Union


C 175/5






Request for a preliminary ruling from the Tribunal du travail de Nivelles (Belgium) lodged on 27 February 2020 — UF v Union Nationale des Mutualités Libres (Partenamut) (UNMLibres)
(Case C-105/20)
(2020/C 175/05)
Language of the case: French

Referring court

Tribunal du travail de Nivelles

Parties to the main proceedings


Applicant: UF

Defendant: Union Nationale des Mutualités Libres (Partenamut) (UNMLibres)

Questions referred







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, (1) 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), (2) 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 (3) and the Framework Agreement on part-time work implemented by Council Directive 97/81/EC of 15 December 1997 concerning part-time work (4) 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?






(1)  OJ 1992 L 348, p. 1.

(2)  OJ 2006 L 204, p. 23.

(3)  OJ 1986 L 359, p. 56.

(4)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).