after three years it can be converted to an ownership certificate (European legal concept ‘employee participation capital’ or dormant shareholding), in some circumstances there may be a valuation problem here.

2. Article 8 of Directive 92/85 and Article 5(1) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions do not preclude a clause in an employment contract from requiring an employee who has expressed her intention to commence her maternity leave during the six weeks preceding the expected week of childbirth, and is on sick leave with a pregnancy-related illness immediately before that date and gives birth during the period of sick leave, to bring forward the date on which her p ...[+++]aid maternity leave commences either to the beginning of the sixth week preceding the expected week of childbirth or to the beginning of the period of sick leave, whichever is the later.

By its second question, the national court essentially asks whether Community law precludes a clause in an employment contract from requiring an employee who has expressed her intention to commence her maternity leave during the six weeks preceding the expected week of childbirth, and is on sick leave with a pregnancy-related illness immediately before that date and gives birth during the period of sick leave, to bring forward the date on which her paid maternity leave commences either to the beginning of the sixth week preceding the expected week of childbirth or to the beginning of the period of sick leave, whichever is the later.

In its communication "Modernising and improving social protection in the European Union" of March 1997, the Commission noted that the absence of any coordination at EU level for supplementary pension schemes constitutes a real problem for employed and self-employed persons moving within the European Union and impediment to free movement, and concluded that there is a need for EU legislation, as a first step, based on the High level panel's recommendations.

Whereas activities in respect of the examination of the organs of sight or hearing, or of other organs or parts of the body, carried out with a view to the adjustment or sale of appliances for the correction of sight or hearing defects, or of orthopaedic appliances are excluded from the scope of the Council Directive of 15 October 1968 (7) concerning attainment of freedom of establishment and freedom to provide services in respect of activities of self-employed persons in retail trade (ISIC ex Group 612) and of the Directive (8) laying down detailed provisions concerning transitional measures in respect of such activities ; whereas provisions laid down by law, regulation or administrative action in force in certain Member States presen ...[+++]t special problems in this connection as regards the protection of public health;