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European Observer on fundamental right's respect

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Case Law C-537/07 (16/07/2009)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/16/2009

Subject: The Court affirmed that the framework agreement on parental leave does not require them to ensure that during parental leave employees continue to receive social security benefits. This framework agreement however cannot be relied on by individuals before a national court against public authorities. According to the Court, the framework agreement does not preclude the taking into account, in the calculation of an employee’s permanent invalidity pension, of the fact that he has taken a period of part-time parental leave during which he made contributions and acquired pension entitlements in proportion to the salary received. Finally, the principle of equal treatment for men and women in matters of social security does not preclude an employee, during part-time parental leave, from acquiring entitlements to a permanent invalidity pension according to the time worked and the salary received and not as if he had worked on a full-time basis.

Parties: Evangelina Gómez Limón Sánchez Camacho

Classification: Equality - Art. 23 Equality between men and women - Solidarity - Art. 33 Parental leave

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