CD v ST [2013] AG's Opinion CJEU Case C 167/12

Posted In: Case Law
  • Case Reference
    C 167/12
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Surrogacy; Maternity Leave; Adoption Leave

This case is very similar in facts to Z v A Government Department and the Board of Management of a Community School [2013] AG's Opinion CJEU Case C 363/12. Notably the AG in this case adopted a completely different approach in their interpretation of the applicability of Directive 92/85 than AG Wahl. This case concerned the entitlement to maternity pay of a woman who had commissioned surrogacy. In her case this was not a genetic surrogacy arrangement, but the fact that the baby would not be genetically her offspring made no difference to the fundamental merits of the case.

The current domestic legislation for parents in this position (Maternity and Parental Leave Regulations 1999) provides

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This article is correct at 04/10/2013

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