Z v A Government Department and the Board of Management of a Community School [2013] AG's Opinion CJEU Case C 363/12

Posted In: Case Law
  • Case Reference
    C 363/12
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time
Issues covered: Surrogacy; Maternity Leave; Adoption Leave

This case was a referral to the CJEU from an Irish Equality Tribunal. The plaintiff was unable to support a pregnancy and had her genetic child through a surrogacy arrangement. The issue before the court was whether, as a matter of EU law, she was entitled to paid leave of absence from employment equivalent to maternity leave or adoption leave.

The relevant provisions were the EU Equal Treatment Directive (No.2006/54) and the EU Equal Treatment Framework Directive (No.2000/78). The EU Pregnant Workers Directive (No.92/85) was considered by Advocate General Wahl but held its primary purpose was to "protect their [pregnant workers'] physical and mental condition." The court noted that Irish

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This article is correct at 04/10/2013

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