Judgment of the Court (Grand Chamber) of 11 July 2006 (reference for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid - Spain) - Sonia Chacón Navas v Eurest Colectividades SA
(Directive 2000/78/EC - Equal treatment in employment and occupation - Concept of disability)
Language of the case: Spanish
Referring court
Juzgado de lo Social No 33 de Madrid
Parties to the main proceedings
Applicant: Sonia Chacón Navas
Defendant: Eurest Colectividades SA
Re:
Interpretation of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, p. 16) - Scope - Dismissal on grounds of sickness - Sickness and disability.
Operative part of the judgment
1. A person who has been dismissed by his employer solely on account of sickness does not fall within the general framework laid down for combating discrimination on grounds of disability by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.
2. The prohibition, as regards dismissal, of discrimination on grounds of disability contained in Articles 2(1) and 3(1)(c) of Directive 2000/78 precludes dismissal on grounds of disability which, in the light of the obligation to provide reasonable accommodation for people with disabilities, is not justified by the fact that the person concerned is not competent, capable and available to perform the essential functions of his post.
3. Sickness cannot as such be regarded as a ground in addition to those in relation to which Directive 2000/78 prohibits discrimination.
____________1 - OJ C 69, 19.03.2005.