Notice for the OJ

 

Reference for a preliminary ruling from Juzgado de lo Social No 33 by order of that court of 7 January 2005 in the case of Sonia Chacón Navas against Eurest Colectividades SA

(Case C-13/05)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the European Communities by order of Juzgado de lo Social (Social Court) No 33 (Spain) of 7 January 2005, received at the Court Registry on 19 January 2005, for a preliminary ruling in the case of Sonia Chacón Navas against Eurest Colectividades SA on the following questions:

1.    Does Directive 2000/78 ¹, in so far as Article 1 thereof lays down a general framework for combating discrimination on the grounds of disability, include within its protective scope an employee who has been dismissed by her employer solely because she is sick?

2.    In the alternative, if it should be concluded that sickness does not fall within the protective framework which Directive 2000/78 lays down against discrimination on grounds of disability and the first question is answered in the negative, can sickness be regarded as an identifying attribute in addition to the ones in relation to which Directive 2000/78 prohibits discrimination?

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¹ - Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.