CELEX: C1997/054/23
Language: en
Date: 1997-02-22 00:00:00
Title: Reference for a preliminary ruling made by the Industrial Tribunal, Manchester, by decision of that court of 15 October 1996 in the case of M. Boyle, A. Taylor, J. Mansley, A. Khan, S. Moores and G. Atkinson and the Equal Opportunities Commission (Case C-411/96)

No C 54/ 16             EN                    Official Journal of the European Communities                                              22 . 2 . 97
equivalent effect to a customs duty by a true internal tax                       to repay such maternity pay if she does not return to
which is non-discriminatory and thus complies with both                          work for one month on the conclusion of maternity
the letter and the spirit of Article 95 of the Treaty, having                    leav.e .
regard, in particular, to the powers of exemption which it
confers on the regional authorities, giving rise, in La
                                                                         2 . A condition that where a woman, who is absent on
Reunion, to the decision of the Regional Council of
1 1 December 1 992 ?                                                             paid sick leave with a pregnancy related illness, gives
                                                                                 birth during such absence, her maternity leave may be
                                                                                 backdated to the later date of either six weeks before
(') Of No L 399 , 30 . 12 . 1989 , p . 46 .
                                                                                 the expected week of child birth or when the sickness
                                                                                 leave began .
                                                                         3 . A prohibition on a woman , who is unfit for work for
                                                                                 any reason whilst on maternity leave, from taking paid
Reference for a preliminary ruling made by the Industrial                        sick leave, unless she elects to return to work and
Tribunal, Manchester, by decision of that court of                               terminate her maternity leave .
15 October 1996 in the case of M. Boyle, A. Taylor, J.
Mansley, A. Khan, S. Moores and G. Atkinson and the
              Equal Opportunities Commission                             4 . A condition limiting the time during which annual
                         ( Case C-411 /96 )                                      leave accrues to the statutory minimum period of 14
                                                                                weeks maternity leave and accordingly excluding any
                            ( 97/C 54/23 )
                                                                                other period of maternity leave .
The Court of Justice of the European Communities has
received a reference for a preliminary ruling made by a                  5 . A condition limiting the time in which pensionable
decision   of the      Industrial      Tribunal , Manchester,   of              service accrues during maternity leave to when the
15 October 1996 , in the proceedings between M. Boyle,                          woman is in receipt of contractual or statutory
A. Taylor, J. Mansley, A. Khan, S. Moores and G.                                maternity pay and accordingly excluding any period of
Atkinson and the Equal Opportunities Commission which                           unpaid maternity leave .
was lodged at the Court Registry on 23 December 1996
on the following questions :                                             (') Council Directive 75/ 1 17/EEC of 10 February 1975 on the
                                                                               approximation of the laws of the Member States relating to
In circumstances such as those of the present cases , do any                   the application of the principle of equal pay for men and
of the following matters infringe the prohibition of unfair                    women ( OJ No L 45 , 19 . 2 . 1975 , p. 19 ).
and/or unfavourable treatment of women                 because of        ( 2 ) Council Directive 76/207/EEC of 9 February 1976 on the
pregnancy, child birth , maternity and/or sickness in                          implementation of the principle of equal treatment for men
relation thereto under Community law ( in particular                           and women as regards access to employment, vocational
                                                                               training and promotion , and working conditions ( OJ No L 39 ,
Article 119 of the Treaty of Rome and/or Council                               14 . 2 . 1976 , p. 40 ).
Directives 75/ 1 17/EEC ('), and/or 76/207/EEC ( 2 ) and/or              ( ! ) Council Directive 92/85/EEC of 19 October 1992 on the
92/ 85/EEC ) (■'):                                                             introduction of measures to encourage improvements in the
                                                                               safety and health at work of pregnant workers and workers
1 . A condition that maternity pay, beyond the statutory                       who have recently given birth or are breastfeeding ( 10th
    maternity pay, is paid only if the woman states that                       individual directive within the meaning of Article 16 ( 1 ) of
    she intends to return to work and agrees to be liable                      Directive 89/39 1 /EEC ( OJ No L 348 , 28 . 11 . 1992 , p. 1 ).