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Case Law C-506/06 (26/02/2008)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 02/26/2008

Subject: The Court ruled that, for reasons connected with the principle of legal certainty, the protection against dismissal established by the Directive on the safety and health at work of pregnant workers cannot be extended to a pregnant worker where, on the date she is given notice of her dismissal, the in vitro fertilised ova have not yet been transferred into her uterus. However, a worker who is undergoing in vitro fertilisation treatment can rely on the protection against discrimination on the grounds of sex granted by the Directive on equal treatment for men and women. It is for the referring court to determine whether the dismissal is, indeed, essentially based on the fact that the woman is undergoing that treatment.

Parties: Sabine Mayr

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 33 Prohibition of dismissal for a reason connected with maternity

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