PRESS RELEASE No 19/04
18 March 2004
Judgment of the Court of Justice in Case C-342/01
María Paz Merino Gómez v Continental Industrias del Caucho SA
When she none the less applied to take her annual leave following her
maternity leave, Continental Industrias turned down her application.
Ms Merino Gómez brought proceedings before the Spanish courts. The national court has
referred questions to the Court of Justice on directives concerning the organisation of
working time, the protection of pregnant workers and equal treatment for men and
women.
The Court started by observing that paid annual leave of at least four
weeks, provided for by the directive on the organisation of working time, is
a particularly important principle of Community social law. Its aim is to ensure
that workers take a proper break. The purpose of maternity leave is different:
such leave is intended to protect a woman's physical condition throughout the relevant
period and to protect the special relationship between a woman and her child
after childbirth.
Next, the directive concerning the protection of pregnant workers provides that, in principle,
the rights connected to an employment contract must also be ensured in a
case of maternity leave: including the right to paid annual leave.
Finally, the determination of when paid annual leave is to be taken falls
within the scope of the directive on the principle of equal treatment. The
directive also allows provisions to be adopted which are intended to protect women
during pregnancy and the period following childbirth. Those provisions may not, however, result
in unfavourable treatment regarding their working conditions.
Consequently, Community law requires that a worker should be able to take her
annual leave during a period other than the period of her maternity leave,
including in a case in which the period of maternity leave coincides with
the general period of annual leave fixed, by a collective agreement, for the
entire workforce.
The full text of the judgment can be
found on the internet (www.curia.eu.int ). In principle it will be available from midday
CET on the day of delivery.
For additional information please contact Christopher Fretwell
Tel: (00352) 4303 3355 Fax: (00352) 4303 2731
Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the
organisation of working time (OJ 1993 L 307, p.18).
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 (OJ 1992 L
348, p. 1).
Council Directive 76/207/EEC of 9 February 1976 on the implementation of the
principle of equal treatment for men and women as regards access to employment,
vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40).