In his conclusions rendered on November 27, 2007, the advocate general Ruiz-Jarabo Colomer proposed to the Court that a woman dismissed while she was waiting for an artificial insemination cannot be considered as a pregnant worker and thus enjoy the special protection against dismissal resulting from the directive 92/85. On the other hand, the general advocate suggested that the Court examines if this dismissal can represent gender-based discrimination. (Ref. 070982)
A woman was subject to hormonal treatment with a view to in vitro fertilisation. Whereas her oocytes had been fertilised in a laboratory and before the embryos were transferred into her uterus, her employer told her she was fired. The employee took the matter to court asking for the nullity of the dismissal, since it came during pregnant women’s protection period. The Austrian jurisdiction asked the Court of Justice if this woman could enjoy the protection against dismissal planned in the direc
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