Charlotte Rosselle contre Institut national d’assurance maladie-invalidité (INAMI), Union nationale des mutualités libres (UNM), en présence de: Institut pour l’égalité des femmes et des hommes (IEFH)

JUDGMENT OF 21. 5. 2015 — CASE C‑65/14 ROSSELLE

Judgment of the Court (Fourth Chamber) 21 May 2015 Language of the case: French.

Charlotte Rosselle v Institut national d’assurance maladie-invalidité (INAMI), Union nationale des mutualités libres (UNM), intervening party: Institut pour l’égalité des femmes et des hommes (IEFH)

THE COURT (Fourth Chamber), composed of L. Bay Larsen, President of the Chamber, K. Jürimäe, J. Malenovský, M. Safjan (Rapporteur) and A. Prechal, Judges, Advocate General: E. Sharpston, Registrar: A. Calot Escobar, having regard to the written procedure, after considering the observations submitted on behalf of: Ms Rosselle, by L. Markey, avocate, Union nationale des mutualités libres (UNM), by A. Mollu, the Belgian Government, by M. Jacobs and C. Pochet, acting as Agents, the European Commission, by D. Martin, acting as Agent, after hearing the Opinion of the Advocate General at the sitting on 18 December 2014 , gives the following

On those grounds, the Court (Fourth Chamber) hereby rules: The second subparagraph of Article 11(4) 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 a Member State from granting a worker a maternity allowance on the ground that, as an established public servant having obtained non-active status for personal reasons in order to work as a salaried employee, she has not completed, in the context of her work as a salaried employee, the minimum contribution period required under national law in order to be eligible to receive that maternity allowance, even if she has worked for over 12 months immediately prior to the presumed date of confinement.

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