12.9.2016   

EN

Official Journal of the European Union

C 335/23


Judgment of the Court (Eighth Chamber) of 14 July 2016 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Maria Cristina Elisabetta Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero

(Case C-335/15) (1)

((Reference for a preliminary ruling - Social policy - Article 119 of the EC Treaty (subsequently Article 141 EC) - Directive 75/117/EEC - Equal pay for men and women - Article 1 - Directive 92/85/EEC - Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Article 11(2)(b) and Article 11(3) - National law providing for an allowance for ordinary magistrates in respect of expenses which they incur in the performance of their professional functions - No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005))

(2016/C 335/31)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Maria Cristina Elisabetta Ornano

Defendant: Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero

Operative part of the judgment

Article 119 of the EC Treaty (subsequently Article 141 EC), Article 1 of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, and Article 11(2)(b) and 11(3) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC) must be interpreted, in a situation where the Member State concerned did not provide for the maintenance of all the elements of pay to which an ordinary magistrate was entitled before her maternity leave, as not precluding a national law, such as that at issue in the main proceedings, under which, in the case of a period of compulsory maternity leave taken prior to 1 January 2005, an ordinary magistrate is not entitled to receive an allowance in respect of costs that ordinary magistrates incur in the performance of their professional functions, provided that that worker received, during that period, an income in an amount at least equivalent to that of the benefit provided for under national social security legislation which she would have received in the event of a break in her activities on grounds connected with her state of health, this being a matter for the national court to determine.


(1)  OJ C 294, 7.9.2015.