Type: Opinions of the Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/26/2013

Subject: Advocate General considers, first, that Ms Z has not been subject to any prohibited discrimination on grounds of sex. According to the Advocate General, the differential treatment of which Ms Z complains was not based on sex, but on the refusal of national authorities to equate her situation with that of either a woman who has given birth, or an adoptive mother. However, the special protection in terms of discrimination based on sex afforded to pregnant women cannot apply in this case and therefore a comparator of the opposite sex is necessary. Finding that the male parent of a child born through surrogacy would be treated in exactly the same manner, the Advocate General dismisses the argument based on sex discrimination. As regards the second ground of discrimination brought forward, Advocate General concludes that Ms Z also has not been subject to discrimination on grounds of disability under EU law. According to the Advocate General, the provisions prohibiting discrimination based on disability in the context of employment and occupation are limited in scope and seek to ensure full and effective participation in professional life by all. Seeing as her inability to carry a pregnancy to term did not prevent Ms Z from such participation, the EU legislation in question could not apply.

Parties: Z c. un Ministero e consiglio di amministrazione di una Community School

Classification: Equality - Art. 23 Equality between men and women - Art. 26 Rights of the disabled - Solidarity - Art. 33 Parental leave - Art. 34 Social services for maternity

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