CELEX: 62014CA0222
Language: en
Date: 2015-07-16 00:00:00
Title: Case C-222/14: Judgment of the Court (Fourth Chamber) of 16 July 2015 (request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece)) — Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton (References for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.1 — Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Articles 2(1)(a) and 14(1)(c) — Working conditions — Direct discrimination)

14.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 302/10
            
         Judgment of the Court (Fourth Chamber) of 16 July 2015 (request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece)) — Konstantinos Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton
   (Case C-222/14) (1)
   
   ((References for a preliminary ruling - Social policy - Directive 96/34/EC - Framework agreement on parental leave - Clause 2.1 - Individual right to parental leave on the grounds of the birth of a child - National legislation denying the right to such leave for a staff member whose wife does not work - Directive 2006/54/EC - Equal treatment of men and women in matters of employment and occupation - Articles 2(1)(a) and 14(1)(c) - Working conditions - Direct discrimination))
   (2015/C 302/12)
   Language of the case: Greek
   
      Referring court
   
   Symvoulio tis Epikrateias
   
      Parties to the main proceedings
   
   
      Applicant: Konstantinos Maïstrellis
   
      Defendant: Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton
   
      Operative part of the judgment
   
   The provisions of Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 97/75/EC of 15 December 1997, and 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, must be interpreted as precluding national provisions under which a civil servant is not entitled to parental leave in a situation where his wife does not work or exercise any profession, unless it is considered that due to a serious illness or injury the wife is unable to meet the needs related to the upbringing of the child.
   
      (1)  OJ C 235, 21.7.2014.