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 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 (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.