Isabel Gonzàlez Castro v. Mutua Umivale and others, Case C-41/17, CJEU (Fifth Section), 19 September 2018

Refusal to suspend the employment contract and grant an allowance for risk during the breastfeeding period to a worker who works in shifts and only part of the duties are carried out during the night. Presumption of sex discrimination.
 

Directive 92/85/EEC of 19 October 1992 on the implementation of measures to promote the improvement of the safety and health at work of pregnant workers, women who have recently given birth or are breastfeeding.

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). 

1. Art. 7 of Directive 92/85 must not be interpreted in a less favorable way than the general provisions of Directive 2003/88 nor in a contrary manner for the purposes of Directive 92/85. The aim is to reinforce the protection of pregnant workers, women who have recently given birth or who are breastfeeding who carry out part of their duties at night.

2. Art. 19 of Directive 2006/54 / EC, concerning the implementation of the principle of equal opportunities and equal treatment between men and women in matters of employment, is applicable to cases in which a worker challenges the assessment of the risks associated with her workplace, where it sets out facts showing that the assessment did not take into account the particular case. In this situation, direct discrimination based on sex within the meaning of Directive 2006/54 is presumed: the referring court must examine the individual situation to understand whether there has been an infringement of the rights of the worker, while it is up to the defendant to demonstrate that the assessment took account of the individual case.