24According to the referring court, such a finding is not precluded by the fact that the holiday dates for the entire workforce were fixed in advance by collective agreement. In order to comply with Community rules guaranteeing the principle of equal treatment and nondiscrimination and the entitlement to annual leave, the agreement of 7 May 2001 should have made provision for the special situation of pregnant women at the undertaking by safeguarding their dual entitlement to maternity leave and annual leave. Relying on the judgment in Case C-333/97 Lewen [1999] ECR I-7243, the referring court takes the view that by failing to provide that safeguard, the agreement infringes Community law.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.