Official Journal of the European Union

C 112/11

(Case C-588/12) (<span class="super">1</span>)

((Social policy - Directive 96/34/EC - Framework agreement on parental leave - Clauses 1 and 2.4 - Part-time parental leave - Dismissal of a worker without compelling or sufficient reason - Fixed-sum protective award on account of the taking of parental leave - Method of calculating the amount of award))

2014/C 112/12

Language of the case: Dutch

Referring court

Parties to the main proceedings

Applicant: Lyreco Belgium NV

Defendant: Sophie Rogiers

Re:

Request for a preliminary ruling — Arbeidshof te Antwerpen — Belgium — Interpretation of clauses 1 and 2.4, of the framework agreement on parental leave concluded by UNICE, CEEP and ETUC, contained in the Annex to Council Directive 96/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4) — Part-time parental leave — Reduction of benefits — Termination of a worker’s contract before the end of the period of parental leave without compelling reason — Method of calculating the amount of redundancy compensation.

Operative part of the judgment

On a proper construction of clause 2.4 of the framework agreement on parental leave concluded on 14 December 1995, which is set out in the annex to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 97/75/EC of 15 December 1997 read in the light both of the objectives of that Framework Agreement and of clause 2.6 thereof, it is contrary to that provision for the fixed-sum protective award payable to a worker on part-time parental leave, where the employer unilaterally and without compelling or sufficient reason terminates that worker’s full-time contract of indefinite duration, to be determined on the basis of the reduced salary earned by that worker at the date of the dismissal.

Language of the case: Dutch

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(<span class="super">1</span>) OJ C 79, 16.3.2013.