Request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca (Spain) lodged on 13 May 2016 — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares, S.A. and Ministerio Fiscal

(Case C-270/16)

Language of the case: Spanish

Referring court

Juzgado de lo Social No 1 de Cuenca

Parties to the main proceedings

Applicant: Carlos Enrique Ruiz Conejero

Defendants: Ferroser Servicios Auxiliares, S.A. and Ministerio Fiscal

Question referred

Does Directive 2000/78 ¹ preclude the application of a provision of national law under which an employer is entitled to dismiss an employee on objective grounds for absences from work, albeit justified but intermittent, which amount to 20% of the employee’s working hours in two consecutive months, provided that the total absences in the previous 12 months amount to 5% of working hours or 25% of working hours in four non-consecutive months within a 12-month period, in the case of an employee who must be treated as disabled within the meaning of the directive when his absence from work was caused by his disability?

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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 (OJ 2000 L 303, p. 16).