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Employment

11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
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Napoli v Ministero della Giustizia—Dipartimento dell’ Amministrazione penitenziaria C-595/12, [2014] All ER (D) 288 (Mar)

(i) Article 15 of Directive (EC) 2006/54 of the European Parliament and of the Council (on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation) (the Directive) should be interpreted as precluding national legislation which, on grounds relating to the public interest, excluded a woman on maternity leave from a vocational training course which formed an integral part of her employment and which was compulsory in order to be able to be appointed definitively to a post as a civil servant and in order to benefit from an improvement in her employment conditions, while guaranteeing her the right to participate in the next training course organised, the date of which was nevertheless uncertain (see [39] of the judgment). 

(ii) Article 14(2) of the Directive did not apply to national legislation, such as that at issue in the main proceedings, which did not limit a specified activity solely to male workers but which delayed access to that activity for female workers who

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