Official Journal of the European Union

C 141/22

(Case C-104/09)

2009/C 141/40

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Pedro Manuel Roca Álvarez

Defendant: Sesa Start España ETT SA

Question referred

Does a national law (specifically, Article 37.4 of the Workers’ Statute) which recognises only employed mothers, but not employed fathers, as holders of the right to paid leave in respect of the feeding of an unweaned child, — leave which consists of a half-hour reduction in the working day or an hour taken off from work that may be divided into two parts, which is voluntary, paid for by the employer and may be taken until the child is nine months old —, infringe the principle of equal treatment, which prohibits discrimination on grounds of sex, and is recognised in Article 13 of the Treaty, in Council Directive 76/207/EEC (1) 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, and in Directive 2002/73 (2) amending that Directive?

(1) OJ 1976 L 39, p. 40.

(2) OJ 2002 L 269, p. 15.