Home | About Us | Advanced search | Link Versione Italiana  English version  France version


European Observer on fundamental right's respect

  Advanced search

Case Law C-104/09 (30/09/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/30/2010

Subject: The Court affirmed that Directive 76/207/EEC 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, precludes a national measure such as the Spanish one, which provides that female workers who are mothers and whose status is that of an employed person are entitled, in various ways, to take leave during the first nine months following the child’s birth, whereas male workers who are fathers with that same status are not entitled to the same leave unless the child’s mother is also an employed person. This legislation establishes an unjustified discrimination on the ground of sex.

Parties: Roca Álvarez

Classification: Equality - Art. 21 Non discrimination - Art. 23 Equality between men and women - Solidarity - Art. 33 Parental leave

Text download Italian English French