Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG C-506/06 (ECJ); [2008] IRLR 387 | Practical Law
In Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG C-506/06, an Austrian reference, the ECJ has held that women undergoing in vitro fertilization treatment (IVF), who have had their ova fertilized but not yet implanted, are not "pregnant", and thus are not protected from dismissal by the EC Pregnant Workers Directive (92/85). However, the dismissal of a woman, if related to her IVF treatment, will amount to discrimination on the ground of sex contrary to the EC Equal Treatment Directive (76/207), since only women receive IVF.