GENERAL NOTICE

In January 2025, this online platform will be integrated into Boomportaal (www.boomportaal.nl), after which this platform will be discontinued. From that moment on, this URL will automatically redirect to Boomportaal.

DOI: 10.5553/EELC/187791072022007004036

European Employment Law CasesAccess_open

Pending Cases

Case C-631/22, Disability Discrimination

J.M.A.R. – v – CaNaNegreta, S.A., reference lodged by the Tribunal Superior de Justicia de las Islas Baleares (Spain) on 7 October 2022

Keywords Disability Discrimination
DOI
Show PDF Show fullscreen
Statistics Citation
This article has been viewed times.
This article been downloaded 0 times.
Suggested citation
, "Case C-631/22, Disability Discrimination", European Employment Law Cases, 4, (2022):212-212

Dit artikel wordt geciteerd in

      1. Must Article 5 of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation be interpreted, having regard to recitals 16, 17, 20 and 21 of the directive, Articles 21 and 26 of the Charter of Fundamental Rights of the European Union, and Articles 2 and 27 of the United Nations Convention on the Rights of Persons with Disabilities (approved by Council Decision 2010/48/EC of 26 November 2009), as precluding the application of a national rule of law which establishes that a worker’s disability (where the worker has been declared to be totally and permanently unable to perform his or her normal occupation, with no prospect of improvement) is automatic grounds for termination of the employment contract, with no prior requirement for the employer to comply with the obligation to make ‘reasonable accommodation’ as required by Article 5 of the directive in order to enable the individual to remain in employment (or to show that the requirement would impose a disproportionate burden)?

      2. Must Article 2(2) and Article 4(1) of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation be interpreted, having regard to recitals 16, 17, 20 and 21 of the directive, Articles 21 and 26 of the Charter of Fundamental Rights of the European Union, and Articles 2 and 27 of the United Nations Convention on the Rights of Persons with Disabilities (approved by Council Decision 2010/48/EC of 26 November 2009), as meaning that the automatic termination on grounds of disability of the employment contract of a worker who has been declared to be totally and permanently unable to perform his or her normal occupation, with no prior requirement for the employer to comply with the obligation to make ‘reasonable accommodation’ as required by Article 5 of the directive in order to enable the individual to remain in employment (or to show that the requirement would impose a disproportionate burden), constitutes direct discrimination, even though a rule of domestic law provides for termination of the contract?


Print this article