Request for a preliminary ruling from the Juzgado de lo Social n.º 1 de Sevilla (Spain) lodged on 27 October 2022 – C.C.C. v Tesorería General de la Seguridad Social (TGSS), Instituto Nacional de la Seguridad Social (INSS)
(Case C-673/22)
Language of the case: Spanish
Referring court
Juzgado de lo Social n.º 1 de Sevilla
Parties to the main proceedings
Applicant: C.C.C.
Defendants: Tesorería General de la Seguridad Social (TGSS), Instituto Nacional de la Seguridad Social (INSS)
Questions referred
The Juzgado de lo Social n.º 1 de Sevilla decides to:
Refer to the Court of Justice of the European Union, under Article 267 TFEU, the following questions for a preliminary ruling, concerning the interpretation of Article 5 and recital 37 of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU: 1
(i) Is the omission by the Spanish legislature from Article 48(2) of the Consolidated Text of the Law on the Workers’ Statute (Texto Refundido de la Ley del Estatuto de los Trabajadores) and from Articles 177, 178 and 179 of the Consolidated Text of the General Law on Social Security (Texto Refundido de la Ley General de la Seguridad Social) of provisions requiring an assessment of the specific needs of single-parent families in the area of work-life balance, having implications for the period in which care is provided to a new-born child, as compared with a child born into a two-parent family in which both parents have an expectation of access to paid leave if both fulfil the conditions of access to the social security benefit, compatible with the Directive, which requires a specific assessment, inter alia, of the birth of a child into a single-parent family, in order to determine the conditions of access to and the detailed arrangements for parental leave?
(ii) In the absence of a specific statutory provision laid down by the Spanish legislature, must the eligibility conditions for time off work for the birth of a child, the conditions of access to the social security cash benefit and the rules governing eligibility for parental leave, and, in particular, the possible extension of the duration of that leave owing to the lack of another parent other than the biological mother who cares for the child, be interpreted flexibly pursuant to the Community provision?
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1 OJ L 188, 12.7.2019, p. 79–93.