Traduction de «Lavoratrice del sesso » (Italien → Anglais) :

(6) In its judgment of 26 February 2008 in Case C-506/06 Mayr v Flöckner , the Court of Justice held that direct discrimination on grounds of sex occurs if a female employee is placed at a disadvantage on account of absence in connection with in vitro fertilisation treatment.

(5a) In the judgment of the Court of Justice of the European Communities of 26 February 2008 in Case C-506/06 Mayr v Flöckner, the Court held that direct discrimination on grounds of sex occurs if a female employee is placed at a disadvantage on account of absence in connection with IVF treatment.

(5a) In the judgment of the Court of Justice of the European Communities of 26 February 2006 in Case C-506/06 Mayr v Flöckner, the Court held that direct discrimination on grounds of sex occurs if a female employee is placed at a disadvantage on account of absence in connection with IVF treatment.

The Court ruled: '1. Article 119 of the EC Treaty, Article 1 of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women and Article 11 of Council Directive 92/85/EEC of 19 October 1992 on the introduction 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 (tenth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) do not preclude a clause in an employment contract which makes the payment, during the period of maternity leave referred to by Article 8 of Directive 92/85, of pay highe ...[+++]r than the statutory payments in respect of maternity leave conditional on the worker's undertaking to return to work after the birth of the child for at least one month, failing which she is required to repay the difference between the amount of the pay she will have received during the period of maternity leave, on the one hand, and the amount of those payments, on the other.

A clause in an employment contract which makes the application of a more favourable set of rules than that prescribed by national legislation conditional on the pregnant woman, unlike any worker on sick leave, returning to work after childbirth, failing which she must repay the contractual maternity pay in so far as it exceeds the level of the statutory payments in respect of that leave, therefore does not constitute discrimination on grounds of sex.

By its third question, the national court asks whether Community legislation precludes a clause in an employment contract from prohibiting a woman from taking sick leave during the minimum period of 14 weeks' maternity leave to which a female worker is entitled pursuant to Article 8 of Directive 92/85 or any supplementary period of maternity leave granted to her by the employer, unless she elects to return to work and thus terminate her maternity leave.