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Mayr v Bäckerei und Konditorei Gerhard Flöckner OHG - woman undergoing IVF treatment but not yet implanted is not protected

Flöckner employed Ms Mayr as a waitress. She was undergoing IVF treatment. On 8 March 2005 ova were taken from her. On 10 March these were fertilised. On the same day Flöckner dismissed Ms Mayr. The fertilised ova were transferred to her uterus on 13 March. Ms Mayr claimed that she was pregnant and so her dismissal had no effect. Her claim was under Austrian provisions applying Council Directive 92/85.

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