Keywords
Summary

Keywords

1. Questions referred for a preliminary ruling – Jurisdiction of the Court – Scope

2. Social policy – Male and female workers – Framework agreement on parental leave concluded by the ETUC, UNICE and CEEP – Directive 96/34

(Council Directive 96/34, as amended by Directive 97/75, annex, clause 2.1)

3. Social policy – Male and female workers – Framework agreement on parental leave concluded by the ETUC, UNICE and CEEP – Directive 96/34

(Council Directive 96/34, as amended by Directive 97/75, annex, clause 2.1)

Summary

1. Since the framework agreement – which is the product of a dialogue, based on the Agreement on Social Policy, between management and labour at European level – has been implemented, in accordance with Article 4(2) of the Agreement on Social Policy, by a Council directive, of which it is thus an integral component, the jurisdiction of the Court to interpret the framework agreement does not differ from its general jurisdiction to interpret other provisions contained in directives.

(see paras 25-26)

2. Clause 2.1 of the framework agreement on parental leave, which is set out in the annex to Directive 96/34 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC as amended by Directive 97/75, cannot be interpreted as conferring an individual right to parental leave on the child. This follows from both the wording and the purpose of the framework agreement.

(see paras 32, 40, operative part 1)

3. Clause 2.1 of the framework agreement on parental leave, which is set out in the annex to Directive 96/34 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC as amended by Directive 97/75, is not to be interpreted as requiring the birth of twins to confer entitlement to a number of periods of parental leave equal to the number of children born. However, read in the light of the principle of equal treatment, this clause obliges the national legislature to establish a parental leave regime which, according to the situation obtaining in the Member State concerned, ensures that the parents of twins receive treatment that takes due account of their particular needs. It is incumbent upon national courts to determine whether the national rules meet that requirement and, if necessary, to interpret those national rules, so far as possible, in conformity with European Union law.

The framework agreement lays down only minimum requirements, allowing the Member States to determine in their discretion the conditions of access and detailed rules for parental leave, including discretion to lay down adjustments to the rules for the case of successive births of children, and permitting them to adopt other measures that are appropriate for the purpose of meeting the particular needs of the parents of twins, such as material assistance, in the form, for example, of a right of access to childcare centres, or financial aid, in the form, inter alia, of specific benefits allowing the method of care to be freely chosen.

(see paras 69-70, 73-75, operative part 2)