María Paz Merino Gómez v Continental Industrias del Caucho SA.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Colneric
• ECLI: ECLI:EU:C:2004:160
• Date: 18 March 2004
• Docket Number: C-342/01
• Procedure Type: Reference for a preliminary ruling

Case C-342/01

María Paz Merino Gómez

v

Continental Industrias del Caucho SA

(Reference for a preliminary ruling from the Juzgado de lo Social nº 33 de Madrid)

(Social policy – Equal treatment for men and women – Maternity leave – Worker whose period of maternity leave coincides with the period of annual leave for all staff agreed in a collective agreement on annual leave)

Summary of the Judgment

1. Social policy – Protection of safety and health of workers – Directive 93/104 concerning certain aspects of the organisation of working time – Entitlement to annual leave – Pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85 – Equal treatment of male and female workers – Directive 76/207 – Maternity leave coinciding with period for annual leave fixed by a collective agreement for the entire workforce – Worker’s entitlement to take annual leave outside the period of maternity leave

(Council Directives 76/207, Art. 5(1), 92/85, Art. 11(2)(a), and 93/104, Art. 7(1))

2. Social policy – Protection of safety and health of workers – Pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85 – Maternity leave coinciding with period for annual leave fixed, by a collective agreement, for the entire workforce – Worker’s entitlement to a longer period of annual leave, provided for by national law, than the minimum laid down by Directive 93/104

(Council Directives 92/85, Art. 11(2)(a), and 93/104)

1. Article 7(1) of Directive 93/104 concerning certain aspects of the organisation of working time, Article 11(2)(a) of Directive 92/85 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and Article 5(1) of Directive 76/207 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 are to be interpreted as meaning that a worker must be able to take her annual leave during a period other than the period of her maternity leave, including in a case in which the period of maternity leave coincides with the general period of annual leave fixed, by a collective agreement, for the entire workforce.

(see para. 41, operative part 1)

2. As regards the preservation of rights connected with the employment contract, Article 11(2)(a) of Directive 92/85 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding is to be interpreted as also applying to the entitlement of a worker, whose period of maternity leave coincides with the general period of annual leave fixed, by a collective agreement, for the entire workforce, to a longer period of annual leave, provided for by national law, than the minimum laid down by Directive 93/104 concerning certain aspects of the organisation of working time.

(see para. 45, operative part 2)

JUDGMENT OF THE COURT (Sixth Chamber)
18 March 2004(1)

(Social policy – Equal treatment for men and women – Maternity leave – Worker whose period of maternity leave coincides with the period of annual leave for all staff agreed in a collective agreement on annual leave)

In Case C-342/01, REFERENCE to the Court under Article 234 EC by the Juzgado de lo Social No 33 de Madrid (Spain) for a preliminary ruling in the proceedings pending before that court between María Paz Merino Gómez

and

Continental Industrias del Caucho SA, on the interpretation of Article 7(1) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18), of Article 11(2)(a) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1) and of Article 5(1) of Council Directive 76/207/EEC of 9 February 1976 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 (OJ 1976 L 39, p. 40),

THE COURT (Sixth Chamber),,

composed of: J.N. Cunha Rodrigues, acting for the President of the Sixth Chamber, J.-P. Puissochet, R. Schintgen, F. Macken and N. Colneric (Rapporteur), Judges, Advocate General: J. Mischo,
Registrar: R. Grass,

after considering the written observations submitted on behalf of:

–

Ms Merino Gómez, by G.J. Gonzalez Gil, abogada,

–

the Spanish Government, by R. Silva de Lapuerta, acting as Agent,

–

the Italian Government, by I.M. Braguglia, acting as Agent, and by G. Fiengo, avvocato dello Stato,

–

the Commission of the European Communities, by N. Yerrel and I. Martínez del Peral, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 3 April 2003,

gives the following

Judgment

1

By order of 3 September 2001, received at the Court on 12 September 2001, the Juzgado de lo Social No 33 de Madrid referred to the Court for a preliminary ruling pursuant to Article 234 EC two questions on the interpretation of Article 7(1) of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307, p. 18), of Article 11(2)(a) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1992 L 348, p. 1), and of Article 5(1) of Council Directive 76/207/EEC of 9 February 1976 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 (OJ 1976 L 39, p. 40).

2

Those questions were raised in proceedings between Ms Merino Gómez and Continental Industrias del Caucho SA (‘Continental Industrias’) concerning a request for annual leave made by Ms Merino Gómez, whose maternity leave coincided with one of the periods for annual leave in her workshop, agreed in a collective agreement.

Legal background

Community law

3

Article 7 of Directive 93/104 provides: ‘Annual leave 1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice. 2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.’

4

Article 15 of Directive 93/104 provides; ‘More favourable provisions This Directive shall not affect Member States’ right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the safety and health of workers or to...