Parental leave

Case C 537/07, CJEU, Luxembourg, 16 July 2009, Evangelina Gómez-Limón Sánchez-Camacho v Instituto Nacional de la Seguridad Social (INSS), Tesorería General de la Seguridad Social (TGSS) and Alcampo SA, Spain

Ground: Directive 96/34/EC - Framework agreement on parental leave - Entitlements acquired or being acquired at the start of the leave - Continued receipt of social security benefits during the leave - Directive 79/7/EEC - Principle of equal treatment for men and women in matters of social security - Acquisition of entitlements to permanent invalidity pension acquired during parental leave. 

The abstract of the Judgment

The case relates to the interpretation of Clause 2(6) and (8) of the framework agreement on parental leave concluded on 14 December 1995, annexed to Council Directive 96/34/EC of 3 June 1996 and of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security. The reference has been made in proceedings between Ms. Gomez Limon Sánchez‑Camacho and the Instituto Nacional de la Seguridad Social, the managing body for social security (‘the INSS’), the Tesoreria General de la Seguridad Social and her former employer, Alcampo SA, concerning entitlements to permanent invalidity pension acquired during parental leave.