25.1.2021   

EN

Official Journal of the European Union

C 28/8


Judgment of the Court (First Chamber) of 18 November 2020 (request for a preliminary ruling from the Conseil de prud’hommes de Metz — France) — Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle

(Case C-463/19) (1)

(Reference for a preliminary ruling - Social policy - Directive 2006/54/EC - Equal opportunities and equal treatment of men and women in employment and occupation - Articles 14 and 28 - National collective agreement granting the right to leave following the statutory maternity leave for female workers who bring up their children on their own - Exclusion of male workers from the right to that leave - Protection of female workers as regards both the consequences of pregnancy and the condition of maternity - Conditions under which applicable)

(2021/C 28/10)

Language of the case: French

Referring court

Conseil de prud’hommes de Metz

Parties to the main proceedings

Applicant: Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle

Defendant: Caisse primaire d’assurance maladie de la Moselle

Intervening party: Mission nationale de contrôle et d’audit des organismes de sécurité sociale

Operative part of the judgment

Articles 14 and 28 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, read in the light 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 as meaning that they do not preclude a provision of a national collective agreement which reserves to female workers who bring up their child on their own the right to leave after the expiry of the statutory maternity leave, provided that such leave is intended to protect workers in connection with the effects of pregnancy and motherhood, which is for the referring court to ascertain, taking into account, inter alia, the conditions for entitlement to the leave, its length and modalities of enjoyment, and the legal protection that attaches to that period of leave.


(1)  OJ C 280, 19.8.2019.