8.3.2008

Official Journal of the European Union

C 64/16

(Case C-537/07)

(2008/C 64/25)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 30, Madrid

Parties to the main proceedings

Applicant: Evangelina Gómez-Limón Sánchez-Camacho

Defendants: Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS), Alcampo SA

Questions referred

1.Bearing in mind that the granting of parental leave must be a measure intended to promote equality, in the manner and to the extent freely fixed each Member State within the minimum limits imposed by Directive 1996/34/EC (1), is it possible that the enjoyment of that period of parental leave, in the case of a reduction in the working day and in salary by reason of taking care of children, should affect rights in the process of being acquired by the worker, male or female, taking such parental leave and may individuals rely before the public institutions of a State on the principle of the protection of rights acquired or in the process of being acquired?

2.In particular, does the expression ‘rights acquired or in the process of being acquired’ in Clause 2(6) of the framework agreement on parental leave … include only rights related to working conditions and affect only the contractual relationship with the employer or, on the contrary, does it also affect the maintenance of rights acquired or in the process of being acquired in matters of social security, and is the requirement for ‘continuity of the entitlements to social security cover under the different schemes’ in Clause 2(8) of the framework agreement on parental leave … satisfied by the formulation under consideration and applied by the national authorities and, if applicable, is the right to continuity of entitlements to social security cover sufficiently certain and precise to be relied upon before the public authorities of a Member State?

3.Are the provisions of Community law compatible with national legislation which, during the period of reduction in the working day by reason of parental leave, reduces the amount of invalidity pension to be paid in relation to what it would have been before that leave and reduces the accrual and consolidation of future benefits in proportion to the reduction in working hours and in salary?

4.Given the duty of the national courts to interpret national law in the light of the obligations imposed by the Directive, in order to enable the objectives of the Community legislation to be achieved to the greatest possible extent, must that requirement apply equally to the continuity of social security entitlements during the period of parental leave and, specifically, in the circumstances of the case to a form of part-time leave or reduction in the working day such as was used on this occasion?

5.In the specific circumstances of the case, does the reduction in the grant and accrual of social security entitlements during the period of parental leave constitute direct or indirect discrimination contrary to the provisions of Directive 79/7/EEC (2) of 19 December 1978 on the principle of equal treatment and non-discrimination for men and women in matters of social security (OJ 1979 L 6, p. 24) and is it contrary to the requirements of equality and non-discrimination between men and women, in accordance with the tradition common to all the Member States, to the extent that this principle must apply not only to conditions of employment but also to the public activity of social protection of workers?

Council Directive 96/34 EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and ETUC (OJ 1996 L 145, p. 4).

(2) OJ 1979, L 6, p. 24; EE 05/02, p. 174.