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Case C-486/18: Judgment of the Court (First Chamber) of 8 May 2019 (request for a preliminary ruling from the Cour de cassation — France) — RE v Praxair MRC SAS (Reference for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.6 — Worker employed full-time and for indefinite duration on part-time parental leave — Dismissal — Compensation payment for dismissal and redeployment leave allowance — Method of calculation — Article 157 TFEU — Equal pay for male and female workers — Part-time parental leave taken primarily by female workers — Indirect discrimination — Objective factors unrelated to any sex discrimination — None)
ECLI:EU:UNKNOWN:62018CA0486
62018CA0486
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Official Journal of the European Union
C 230/18
(Case C-486/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Social policy - Directive 96/34/EC - Framework agreement on parental leave - Clause 2.6 - Worker employed full-time and for indefinite duration on part-time parental leave - Dismissal - Compensation payment for dismissal and redeployment leave allowance - Method of calculation - Article 157 TFEU - Equal pay for male and female workers - Part-time parental leave taken primarily by female workers - Indirect discrimination - Objective factors unrelated to any sex discrimination - None)
(2019/C 230/21)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: RE
Defendant: Praxair MRC SAS
Operative part of the judgment
2.Article 157 TFEU must be interpreted as precluding legislation such as that in the main proceedings which provides that, where a worker employed full-time and for an indefinite duration is dismissed at the time he is on part-time parental leave, that worker receives a compensation payment for dismissal and a redeployment leave allowance determined at least in part on the basis of the reduced salary being received when the dismissal takes place, in circumstances when a far greater number of women than men choose to take part-time parental leave and when that difference in treatment which results therefrom cannot be explained by objective factors unrelated to any sex discrimination.
(<span class="note">1</span>) OJ C 352, 1.10.2018.
Language of the case: French