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

  • Case Reference
    C 167/12
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time and Leave
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

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This article is correct at 04/10/2013
Disclaimer:

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