26.1.2008

Official Journal of the European Union

C 22/38

(Case C-548/07)

(2008/C 22/68)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia and M. van Beek)

Defendant: Hellenic Republic

Form of order sought

—declare that the Hellenic Republic has failed to fulfil its obligations under Directive 96/34/EC (1) on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC and, more specifically, under Clauses 1(2), 2(1), 2(3)(b), 2(3)(e) and (f), 2(4) and 2(6) of the agreement annexed to that directive;

—order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1.The Commission, after examining all the Greek legislation for the transposition into Greek law of Directive 96/34/EC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, found that certain clauses of that framework agreement confirmed by the directive were still transposed deficiently and incorrectly in relation to workers in the merchant navy.

2.More specifically, the relevant Greek legislation which ratifies collective agreements in the field has a restricted scope since it does not apply to workers on all merchant vessels.

3.In addition, in order for the foregoing workers to be recognised as having the right to parental leave, it is necessary under the Greek legislation for the following conditions, which are additional to those set out in the directive, to apply:

—12 months' previous service on the same vessel;

—employment of at least 30 persons on that vessel;

—proof that the other parent is working;

—classification of the return from parental leave as a new seaman's contract and a required new period of work of a minimum of 6 or 7 months;

—assumption of the costs of the sending of a replacement by the navy;

—application of the national legislation in question only to seamen's contracts which commence after the entry into force of the collective agreements;

—classification of commercial obligations as grounds of force majeure justifying not granting parental leave.

4.Finally, the Commission states that there is no mention in either the collective agreements or the ministerial decrees ratifying them of the question of the protection of workers from dismissal on the grounds of applying for or taking parental leave.

5.Therefore, the Commission considers that the Hellenic Republic has failed to fulfil its obligations under Directive 96/34/EC and, more specifically, under Clauses 1(2), 2(1), 2(3)(b), 2(3)(e) and (f), 2(4) and 2(6) of the framework agreement on parental leave annexed to that directive.

(1) OJ L 145, 19.6.1996, p. 4.