Case C-506/06: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 14 December 2006 — Sabine Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG
Date: 2007-03-10
Institutions: Court of Justice
Subjects: dismissal, embryo and foetus, female work, humanisation of work, interpretation of the law, occupational safety, test tube fertilisation

C 56/14

EN

Official Journal of the European Union

10.3.2007

Question referred

Having regard to the general principle of equality and non-
discrimination, is there no objective justification for the differ-
ence in treatment created by Article 33.2 of
the Workers'
Statute and, consequently, must compensation for dismissal
payable to an employee pursuant to extra-judicial conciliation
be included in the ambit of Council Directive 80/987/EEC (1) on
the approximation of the laws of the Member States relating to
the protection of employees in the event of the insolvency of
by Directive
their
2002/74/EC (2) of the European Parliament and of the Council
of 23 September 2002, given that Article 33.1 of the Workers'
Statute recognises this type of conciliation in relation to the
payment by the guarantee institution of the ‘salarios de tramita-
ción’ which also arise from the dismissal?

version amended

employer,

in the

(1) OJ L 283, 1980, p. 23; EE 05/02, p. 219.
(2) OJ L 270, 2002, p. 10.

Reference for a preliminary ruling from the Oberster
Gerichtshof (Austria)
lodged on 14 December 2006 —
Sabine Mayr v Bäckerei und Konditorei Gerhard Flöckner
OHG

(Case C-506/06)

(2007/C 56/24)

Language of the case: German

Referring court

Oberster Gerichtshof (Austria)

Parties to the main proceedings

Appellant: Sabine Mayr

Respondent: Bäckerei und Konditorei Gerhard Flöckner OHG

Question referred

Is a worker, who undergoes in vitro fertilisation, a ‘pregnant
worker’ within the meaning of the first part of Article 2(a) of
Council Directive 92/85/EEC of 19 October 1992 on the intro-
duction of measures to encourage improvements in the safety
and health at work of pregnant workers and workers who have
recently given birth or are breastfeeding (1)
(tenth individual
Directive within the meaning of Article 16(1) of Directive
89/391/EEC) if, at the time at which she was given notice of
termination of employment, the woman's ova had already been
fertilised with the sperm cells of her partner and ‘in vitro’
embryos thus existed, but they had not yet been implanted
within her?

(1) OJ L 348, 1992, p. 1.

Reference for a preliminary ruling from the Oberlandesger-
icht Innsbruck lodged on 13 December 2006 — Malina
Klöppel v Tiroler Gebietskrankenkasse

(Case C-507/06)

(2007/C 56/25)

Language of the case: German

Referring court

Oberlandesgericht Innsbruck

Parties to the main proceedings

Applicant: Malina Klöppel

Defendant: Tiroler Gebietskrankenkasse

Question(s) referred

Must Article 72 of Council Regulation (EEC) No 1408/71 of
14 June 1971 on the application of social security schemes to
employed persons, to self employed persons and to members of
their families moving within the Community (1)
(OJ, English
special edition: Series I Chapter 1971(II) p. 416) in the version
amended and brought up to date by Regulation (EC) No 1386/
2001 of the European Parliament and of the Council of 5 June
2001 (2) (OJ 2001 L 187, p. 1) in conjunction with Article 3 of
that regulation and Article 10a of Regulation (EEC) No 574/72
of the Council of 21 March 1972 fixing the procedure for
implementing Regulation (EEC) No 1408/71 (3)
(OJ, English
special edition: Series I Chapter 1972(I) p. 0159) in the version
amended
by Commission
Regulation (EC) No 410/2002 of 27 February 2002 (4)
(OJ 2002 L 62, p. 17) be interpreted to the effect that periods
of drawing family benefits in one Member State (in this case the
national child-raising allowance in the Federal Republic of
Germany) must be treated equally in relation to the entitlement
to draw a comparable benefit in another Member State (in this
case child-care allowance in Austria) and accordingly must be
characterised as domestic periods of drawing for the purposes
of entitlement in a second Member State if during those periods
of drawing both parents should be regarded as employed
persons under Article 1(a)(i) of Regulation No 1408/71?

brought

date

and

up

to

(1) ABl. L 149, S. 2.
(2) ABl. L 187, S. 11.
(3) ABl. L 74, S. 1.
(4) ABl. L 62, S. 17.