C.D. v S.T. [2013] EUECJ C-167/12 (26 September 2013)

C.D. v S.T. [2013] EUECJ C-167/12 (26 September 2013)

An intended mother who takes a child into her care after birth via a surrogacy arrangement, where surrogacy is permitted and national requirements are satisfied, is entitled to maternity leave under Directive 92/85/EEC, even if she does not breastfeed. The leave must be at least two weeks, and any leave taken by the surrogate mother must be deducted. There is no breach of Directive 2006/54/EC in refusing maternity leave to an intended mother in these circumstances.

Citation
[2013] EUECJ C-167/12
Parties
Applicant: C. D.; Respondent: S. T.
Jurisdiction
European Union
Judgment Date
26 September 2013
Procedural Posture
Preliminary Ruling (reference for Preliminary Ruling) / Opinion of Advocate General
Outcome
Opinion proposes intended mother is entitled to maternity leave under Directive 92/85/EEC; no breach of Directive 2006/54/EC found.
Legal Topics
Maternity Leave, Surrogacy, Equal Treatment, Pregnancy Discrimination
EU Law Employment Law Social Policy Maternity Leave Surrogacy Equal Treatment Pregnancy Discrimination

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Parties

C. D.

Applicant

S. T.

Respondent

Procedural Posture

Preliminary Ruling (reference for Preliminary Ruling) / Opinion of Advocate General

Legal Issues

  1. 1 Whether an intended mother via surrogacy is entitled to maternity leave under Directive 92/85/EEC
  2. 2 Whether refusal to grant maternity leave to an intended mother constitutes sex discrimination under Directive 2006/54/EC

Ratio Decidendi

An intended mother who takes a child into her care after birth via a surrogacy arrangement, where surrogacy is permitted and national requirements are satisfied, is entitled to maternity leave under Directive 92/85/EEC, even if she does not breastfeed. The leave must be at least two weeks, and any leave taken by the surrogate mother must be deducted. There is no breach of Directive 2006/54/EC in refusing maternity leave to an intended mother in these circumstances.

Court Disposition

Opinion proposes intended mother is entitled to maternity leave under Directive 92/85/EEC; no breach of Directive 2006/54/EC found.