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Equal treatment and parental leave - H. v Land Berlin (C-174/16) [ECJ AdvGen] 26.04.17 (Unreported)

Reference for a preliminary ruling — Revised Framework Agreement on parental leave — Concept of ‘rights acquired or in the process of being acquired’ — Equal treatment of men and women in matters of employment and occupation — Rules of a Member State providing for the expiry of the two-year probationary period of a civil servant on probation for a management post, by operation of law and with no possibility of extension, even in the case of absence due to parental leave — Justification — Breach of European Union law — Compensation. OPINION that EU law did not allow German rules under which the two-year probationary period to be completed by a civil servant on probation newly appointed to an executive post may not to be suspended for the duration of her parental leave.

Link to Opinion
Category: Employment » Parental rights; Sex discrimination; EC Law. Area(s) of law: Employment.

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