The European Court of Justice has delivered a judgment in relation to retention for women undergoing In-vitro Fertilisation.

The first point discussed by the Court was whether or not a woman who has had their ova fertilised but not yet implanted are not “pregnant” for the sake of protection under the Equal Treatment Directive.

However, people undergoing In-vitro Fertilisation treatment are embarking on a treatment that only really applies to women.

Therefore treating such women less favourably may amount to sex discrimination.