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Rulings

ECJ 4 December 2018, case C-378/17 (Minister for Justice and Equality and Commissioner of the Garda Síochána), Discrimination, General

Minister for Justice and Equality, Commissioner of An Garda Síochána – v – Workplace Relations Commission, Irish case

Journal European Employment Law Cases, Issue 1 2019
Keywords Discrimination, General
Abstract

    If a religious organisation relies on an exception to the principle of equal treatment to draft rules that differ according to the religion of the employees, this must be subject to judicial review and will be acceptable only if the religion or belief constitutes a genuine and legitimate occupational requirement, justified by the ethos of the organisation concerned and the application of the exception is proportionate. If there are contrary provisions in national law, these must be disapplied.

Landmark ruling

ECJ 17 April 2018, C-414/16 (Egenberger), Religious discrimination

Vera Egenberger – v – Evangelisches Werk für Diakonie und Entwicklung eV, German case

Journal European Employment Law Cases, Issue 2 2018
Keywords Religious discrimination
Abstract

    It is ultimately for the courts to verify whether religious organisations can legitimately invoke occupational requirements as a reason for unequal treatment.

ECJ Court Watch

ECJ (Grand Chamber) 19 April 2016, case C-441/14 (Ajos), age discrimination

Dansk Industri (DI), acting on behalf of Ajos A/S – v – Estate of Karsten Eigil Rasmussen, Danish case

Journal European Employment Law Cases, Issue 2 2016
Keywords Age discrimination
Abstract

    A court applying national law that is at odds with the principle of non-discrimination on grounds of age must disapply that law, even if it is unequivocal and even where the dispute is between private parties.

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