Ms. Mayr was employed as a waitress with Konditorei Gerhard Flöckner, and was terminated while undergoing in vitro fertilization. Ms. Mayr then filed suit to recover payment of her salary and pro rata annual remuneration, arguing that from the date on which in vitro fertilization of her ova took place, she was entitled to the protection against dismissal provided by Austrian legislation. After proceedings in the lower courts, the Austrian Supreme Court referred to the European Court of Justice the question of whether a female worker is entitled to protection from dismissal where her ova have been fertilized but not yet transferred to her uterus. The European Court of Justice answered the question in the negative. But the Court also held that EU Directives on the implementation of equal treatment for men and women as regards access to employment, vocational training and working conditions preclude the dismissal of a female worker who is undergoing in vitro fertilization treatment where it is established that the dismissal was based on such treatment.
Mayr v. Bäckerei und Konditorei Gerhard Flöckner OHG