05 Sep European Court of Justice – september 2024
Reference for a preliminary ruling – Social policy – Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85/EEC – Prohibition of dismissal – Worker who became aware of her pregnancy after the expiry of the time limit for bringing an action challenging her dismissal – Option to bring such an action subject to the making of a request for leave to bring an action out of time within two weeks – Right to effective judicial protection – Principle of effectiveness.
ECJ, 27 June 2024, Case C 284/23, TC v Firma Haus Jacobus Alten- und Altenpflegeheim gGmbH.
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Articles 10 and 12 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 precluding national legislation under which a pregnant worker who did not become aware of her pregnancy until after the expiry of the time limit prescribed for bringing an action against her dismissal is required, in order to be able to bring such an action, to submit a request for leave to bring an action out of time within a period of two weeks, where the procedural rules surrounding that request, in so far as they give rise to problems liable to render excessively difficult the implementation of the rights which pregnant workers derive from Article 10 of that directive, do not comply with the requirements of the principle of effectiveness.
