CELEX: 62009CA0104
Language: en
Date: 2010-09-30 00:00:00
Title: Case C-104/09: Judgment of the Court (Second Chamber) of 30 September 2010 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA (Social policy — Equal treatment for male and female workers — Directive 76/207/EEC — Articles 2 and 5 — Right to leave for employed mothers — Possible use by an employed mother or an employed father — Mother self-employed — Exclusion of the right to leave for an employed father)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/8
            
         Judgment of the Court (Second Chamber) of 30 September 2010 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA
   (Case C-104/09) (1)
   
   (Social policy - Equal treatment for male and female workers - Directive 76/207/EEC - Articles 2 and 5 - Right to leave for employed mothers - Possible use by an employed mother or an employed father - Mother self-employed - Exclusion of the right to leave for an employed father)
   2010/C 317/14
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Superior de Justicia de Galicia
   
      Parties to the main proceedings
   
   
      Applicant: Pedro Manuel Roca Álvarez
   
      Defendant: Sesa Start España ETT SA
   
      Re:
   
   Reference for a preliminary ruling — Tribunal Superior de Justicia de Galicia — Interpretation of Article 13 EC and 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), as amended by Directive 2002/73 (OJ 2002 L 269, p. 25) — National legislation conferring on mothers who are employees a right to leave for feeding an unweaned child, which may be exercised by the mother or the father in the form of a reduction in working time — Exclusion where the mother is self-employed and the father is an employee — Principle of equal treatment
   
      Operative part of the judgment
   
   Article 2(1), (3) and (4) and Article 5 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, must be interpreted as precluding a national measure such as the one at issue in the main proceedings, which provides that female workers who are mothers and whose status is that of an employed person are entitled, in various ways, to take leave during the first nine months following the child’s birth, whereas male workers who are fathers with that same status are not entitled to the same leave unless the child’s mother is also an employed person.
   
      (1)  OJ C 141, 20.06.2009.