The case originated from the Arbeitsgericht Mainz (Germany). A care home worker challenged her dismissal before the German labour court, invoking the prohibition on dismissing a pregnant woman. The labour court, however, indicated that the action should be rejected as it was filed late. When the worker became aware of her pregnancy and initiated the action, the ordinary three-week period following the written dismissal notification under German law expired. Moreover, the worker should have submitted a request for leave to bring the action out of time within the additional two-week period provided by German law.

The labour court questioned whether the German legislation was compatible with the Directive on pregnant workers and referred the matter to the CJEU.

The CJEU emphasized the principle of effectiveness, which mandates that national procedural rules must not make it practically impossible or excessively difficult to exercise EU law rights. The Court highlighted several key points:

1. Reasonable Time Limits: A pregnant worker should have a reasonable period to contest her dismissal. The CJEU found that a two-week period for requesting leave to bring an action out of time is too short, especially compared to the ordinary three-week period for those aware of their pregnancy at the time of dismissal.
2. Procedural Complexity: The procedural rules were complex and ambiguous, potentially leading to confusion and making it excessively difficult for workers to exercise their rights effectively.
3. Legal Certainty and Effectiveness: While the CJEU acknowledged the importance of legal certainty, it stressed that procedural rules should not compromise the effectiveness of judicial protection. The protection against dismissal provided by Directive 92/85/EEC is crucial and must be adequately reflected in national laws.

The CJEU concluded that a very short two-week period, particularly given the circumstances at the start of a pregnancy, is likely to make it very difficult for the pregnant worker to obtain proper advice and prepare a request for leave to bring an action out of time, as well as to file the action itself. This can render exercising the worker’s rights complicated, thus failing the principle of effectiveness.

The judgment has significant implications for employers, who should review their dismissal and maternity leave policies to ensure compliance with EU laws, particularly regarding the protection of pregnant workers. Moreover, it is crucial to train HR personnel and managers on the legal requirements and the importance of effectively supporting pregnant employees.