Court of Justice (First Chamber) 19 June 2014, C‑507/12 (Jessy Saint Prix v Secretary of State for Work and Pensions.)

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In Case C-507/12, the Court of Justice (First Chamber) addressed whether a Union citizen who temporarily ceased work due to the physical constraints of late pregnancy and the aftermath of childbirth retains the status of 'worker' under Article 45 TFEU and Article 7 of Directive 2004/38/EC. The Court held that Article 7(3) of Directive 2004/38 does not exhaustively enumerate the circumstances in which a migrant worker who is no longer in an employment relationship may retain worker status, and that pregnancy is not comparable to illness within the meaning of Article 7(3)(a). Article 45 TFEU must be interpreted as meaning that a woman who gives up work, or seeking work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retains the status of 'worker', provided she returns to work or finds another job within a reasonable period after the birth of her child, with the reasonableness of that period to be assessed by the national court having regard to all specific circumstances and applicable national rules on maternity leave under Directive 92/85/EEC.AI