CELEX: C2005/143/13
Language: en
Date: 2005-06-11 00:00:00
Title: Judgment of the Court (Third Chamber) of 14 April 2005 in Case C-519/03: Commission of the European Communities v Grand Duchy of Luxembourg (Framework agreement on parental leave — Substitution of maternity leave for parental leave — Date from which an individual right to parental leave is granted)

11.6.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 143/11
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 14 April 2005
   in Case C-519/03: Commission of the European Communities v Grand Duchy of Luxembourg (1)
   
   (Framework agreement on parental leave - Substitution of maternity leave for parental leave - Date from which an individual right to parental leave is granted)
   (2005/C 143/13)
   Language of the case: French
   In Case C-519/03 Commission of the European Communities (Agent: D. Martin) v Grand Duchy of Luxembourg (Agent: S. Schreiner) — action under Article 226 EC for failure to fulfil obligations, brought on 12 December 2003 — the Court (Third Chamber), composed of A. Borg Barthet (Rapporteur), acting for the President of the Third Chamber, J.-P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó Caoimh, Judges; A. Tizzano, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, gave a judgment on 14 April 2005, in which it:
   
               1.
            
            
               Declares that, by providing that the right to maternity leave or adoption leave arising during parental leave replaces the latter which must then come to an end, without its being possible for the parent to defer the portion of the parental leave which he or she was unable to take and by limiting the grant of the right to parental leave to parents of children born after 31 December 1998, or in respect of whom adoption proceedings were initiated after that date, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 35 of 07.02.2004, p. 5.