Latest EU Jurisprudence on Maternity and Pregnancy Discrimination

This presentation illustrates the problematic relationship between the Equal Treatment (Recast) Directive 2006/54/EC and the Pregnant Workers Directive 92/85/EEC in some recent cases from the Court of Justice of the European Union.

Prof Dr Petra Foubert

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Question 1 of 5

Question 1: The Pregnant Workers Directive 92/85/ECC is based on the legal basis of:

health and safety (Art. 153(1)a TFEU).

equal treatment of men and women (Art. 157 TFEU).

combat discrimination based on sex, etc. (Art. 19 TFEU).

Question 2 of 5

Question 2: Unfavourable treatment of a woman related to pregnancy or maternity constitutes

direct discrimination on grounds of sex.

indirect discrimination on grounds of sex.

direct or indirect discrimination, depending on the facts of the case.

Question 3 of 5

Question 3: The Pregnant Workers Directive 92/85/ECC grants maternity leave for the duration of

at most 14 weeks.

at least 14 weeks.

at most 16 weeks.

Question 4 of 5

Question 4: According to the CJEU, Mr Betriu Montull (in case C-5/12):

is not entitled to receive maternity benefit in respect of the birth of his son if the mother is not entitled to maternity leave.

is entitled to receive maternity benefit in respect of the birth of his son if the mother is not entitled to maternity leave.

is entitled to receive maternity benefit in respect of the birth of his son if the mother is entitled to maternity leave.

Question 5 of 5

Question 5: In the recent CJEU cases C-363/12 and C-167-12 on surrogacy:

both Advocate General agreed that intended mothers are not entitled to maternity leave.

both Advocate General agreed that intended mothers are entitled to maternity leave.

the opinions of both Advocate General disagreed on whether intended mothers are entitled to maternity leave or not.