Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/18/2014

Subject: The Court affirmed that Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation must be interpreted as meaning that a refusal to provide paid leave equivalent to maternity leave to a female worker who as a commissioning mother has had a baby through a surrogacy arrangement does not constitute discrimination on grounds of sex. The situation of such a commissioning mother as regards the grant of adoptive leave is not within the scope of that directive. Moreover, the Court pointed out that a refusal to provide paid leave equivalent to maternity leave or adoptive leave to a female worker who is unable to bear a child and who has availed of a surrogacy arrangement does not constitute discrimination on the ground of disability.

Parties: Z.

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 33 Parental leave

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