Case C-284/23, Haus Jacobus: Judgment of the Court (Seventh Chamber) of 27 June 2024 (request for a preliminary ruling from the Arbeitsgericht Mainz – Germany) – TC v Firma Haus Jacobus Alten- und Altenpflegeheim gGmbH (Reference for a preliminary ruling – Social policy – Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85/EEC – Prohibition of dismissal – Worker who became aware of her pregnancy after the expiry of the time limit for bringing an action challenging her dismissal – Option to bring such an action subject to the making of a request for leave to bring an action out of time within two weeks – Right to effective judicial protection – Principle of effectiveness)
Date: 2024-06-27
Institutions: Court of Justice
Subjects: civil proceedings, labour law, motherhood, right to an effective remedy, unfair dismissal








C_202404834EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4834


12.8.2024






Judgment of the Court (Seventh Chamber) of 27 June 2024 (request for a preliminary ruling from the Arbeitsgericht Mainz – Germany) – TC v Firma Haus Jacobus Alten- und Altenpflegeheim gGmbH


(Case C-284/23,
                (1)
Haus Jacobus)

(Reference for a preliminary ruling - Social policy - Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding - Directive 92/85/EEC - Prohibition of dismissal - Worker who became aware of her pregnancy after the expiry of the time limit for bringing an action challenging her dismissal - Option to bring such an action subject to the making of a request for leave to bring an action out of time within two weeks - Right to effective judicial protection - Principle of effectiveness)
(C/2024/4834)
Language of the case: German

Referring court

Arbeitsgericht Mainz

Parties to the main proceedings


Applicant: TC

Defendant: Firma Haus Jacobus Alten- und Altenpflegeheim gGmbH

Operative part of the judgment

Articles 10 and 12 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 precluding national legislation under which a pregnant worker who did not become aware of her pregnancy until after the expiry of the time limit prescribed for bringing an action against her dismissal is required, in order to be able to bring such an action, to submit a request for leave to bring an action out of time within a period of two weeks, where the procedural rules surrounding that request, in so far as they give rise to problems liable to render excessively difficult the implementation of the rights which pregnant workers derive from Article 10 of that directive, do not comply with the requirements of the principle of effectiveness.


(1)  
            OJ C 286, 14.8.2023.


ELI: http://data.europa.eu/eli/C/2024/4834/oj
ISSN 1977-091X (electronic edition)