5.6.2010

Official Journal of the European Union

C 148/20

(Case C-149/10)

2010/C 148/30

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Zoe Chatzi

Defendant: Ipourgos Ikonomikon

Questions referred

1.Can clause 2.1 of Council Directive 96/34/ΕC on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, interpreted in conjunction with Article 24 of the Charter of Fundamental Rights of the European Union relating to the rights of the child — and in light of the enhanced level of protection of those rights which has been brought about by the Charter of Fundamental Rights — be regarded as also creating in parallel a right to parental leave for the child, so that, if twins have been born, the grant of one period of parental leave constitutes an infringement of Article 21 of the Charter of Fundamental Rights of the European Union on the grounds of discrimination on the basis of birth and a restriction on the right of twins that is not permitted by the principle of proportionality?

2.If the answer to the preceding question is in the negative, does the term ‘birth’ in clause 2.1 of Directive 96/34/ΕC mean that a double right to the grant of parental leave is created for working parents, that right being based on the fact that pregnancy with twins results in two successive births of children (twins), or does it mean that parental leave is granted for one birth, irrespective of how many children are thereby born, without any infringement in the latter case of equality before the law under Article 20 of the Charter of Fundamental Rights of the European Union?