In two decrees rendered on March 18, the ECJ ruled that neither Directive 92/85 on the protection of pregnant women, nor Directive 2006/54 on equal treatment of male and female workers, nor Directive 2000/78 on the prohibition of any discrimination on the ground of disability compel the States to grant maternity leave to a mother who has had a baby through a surrogacy arrangement.
In both cases, the plaintiffs used surrogacy arrangements and their employer refused to grant them maternity rights. In case C-167/12, which involves a British employee, the plaintiff referred to Directive 92/85 on the protection of pregnant women, which provides a right to maternity leave and prohibits any less favorable treatment of a woman related to pregnancy.
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