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ECJ Orders Spain to Pay €6.8 Million for Parental Leave Delay; Daily Fines Suspended

Spain’s Royal Decree on birth and care leave ended the EU infringement procedure by meeting parental leave requirements.

El presidente del Gobierno, Pedro Sánchez.

Overview

  • On August 1 the European Court of Justice ruled that Spain failed to transpose the EU work-life balance directive and imposed a €6.8 million fine.
  • A daily coercive penalty of €19,700 per day was threatened until compliance but was suspended following Spain’s new birth and care leave decree.
  • Spain was also ordered to bear the European Commission’s legal costs.
  • The infringement process began with a formal notice in September 2022 and escalated to an ECJ referral in January 2024 after Congress rejected Spain’s December 2023 transposition decree.
  • Spain’s Royal Decree on birth and care leave extends paid parental leave provisions to eight weeks and aligns domestic law with EU requirements.