(Case C-129/20 Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) lodged on 9March 2020— XI v Caisse pour l’avenir des enfants
Fecha: 01-Dic-1995
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) lodged on 9March 2020— XI v Caisse pour l’avenir des enfants
(Case C-129/20)
Language of the case: French
Referring court
Cour de cassation du Grand-Duché de Luxembourg
Parties to the main proceedings
Appellant: XI
Respondent: Caisse pour l’avenir des enfants
Question referred
Must clauses 1.1, 1.2, 2.1 and 2.3(b) of the framework agreement on parental leave concluded on 14December 1995 between the general cross-industry organisations UNICE, CEEP and the ETUC, which was implemented by Council Directive 96/34/EC of 3June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC,1 be interpreted as precluding the application of a provision of national law, such as Article29bis of the amended Law of 16April 1979 laying down the general regulations applicable to State officials in the version resulting from the Law of 22December 2006 (Mémorial, A, 2006, No242, p.4838), which makes the grant of parental leave subject to the twofold condition that the worker is lawfully employed in a workplace and affiliated in that regard to the social security scheme, first, without interruption for a continuous period of at least 12months immediately preceding the start of the parental leave and, secondly, at the time of the birth or of the reception of the child or children to be adopted, compliance with that second condition being required even if the birth or reception occurred more than 12months before the start of the parental leave?