CELEX: 62009CN0104
Language: en
Date: 2009-03-19 00:00:00
Title: Case C-104/09: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 March 2009 — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/22
            
         Reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 19 March 2009 — Pedro Manuel Roca Álvarez v Sesa Start España ETT SA
   (Case C-104/09)
   2009/C 141/40
   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
   
      Question referred
   
   Does a national law (specifically, Article 37.4 of the Workers’ Statute) which recognises only employed mothers, but not employed fathers, as holders of the right to paid leave in respect of the feeding of an unweaned child, — leave which consists of a half-hour reduction in the working day or an hour taken off from work that may be divided into two parts, which is voluntary, paid for by the employer and may be taken until the child is nine months old —, infringe the principle of equal treatment, which prohibits discrimination on grounds of sex, and is recognised in Article 13 of the Treaty, in Council Directive 76/207/EEC (1) 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, and in Directive 2002/73 (2) amending that Directive?
   
      (1)  OJ 1976 L 39, p. 40.
   
      (2)  OJ 2002 L 269, p. 15.