Communication: judgment No. 0485 of 2020

IDENTIFIER
62020CA0485
LANGUAGE
English
COURT
Court of Justice of the European Union
AG OPINION
NO
REFERENCES MADE
1
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



4.4.2022   

EN

Official Journal of the European Union

C 148/3


Judgment of the Court (Third Chamber) of 10 February 2022 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXXX v HR Rail SA

(Case C-485/20) (1)

(Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Prohibition of discrimination on the ground of disability - Dismissal of a worker who had become permanently incapable of performing the essential functions of the post - Staff member completing training as part of recruitment - Article 5 - Reasonable accommodation for people with disabilities - Requirement to reassign to another post - Obligation subject to it not being a disproportionate burden for the employer)

(2022/C 148/04)

Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings

Applicant: XXXX

Defendant: HR Rail SA

Operative part of the judgment

Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that the concept of ‘reasonable accommodation’ for disabled persons, within the meaning of that article requires that a worker, including someone undertaking a traineeship following his or her recruitment, who, owing to his or her disability, has been declared incapable of performing the essential functions of the post that he or she occupies, be assigned to another position for which he or she has the necessary competence, capability and availability, unless that measure imposes a disproportionate burden on the employer.


(1)  OJ C 9, 11.1.2021.



Citations

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