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Case Law Joined cases C-335/11 and C-337/11 (11/04/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/11/2013

Subject: The Court started by explaining that the concept of « disability » must be interpreted as including a condition caused by an illness medically diagnosed as curable or incurable where that illness entails a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and the limitation is a long-term one. The Court recalled that Directive 2000/78 requires the employer to take appropriate and reasonable accommodation measures to enable a person with a disability to have access to, participate in, or advance in employment. The Court observed that a reduction in working hours may constitute one of the accommodation measures. Finally, according to the Court, Directive 2000/78 must be interpreted as precluding national legislation under which an employer can terminate the employment contract with a reduced period of notice if the disabled worker concerned has been absent because of illness, with his salary being paid, for 120 days during the previous 12 months, where those absences are the consequence of his disability, unless that legislation, as well as pursuing a legitimate aim, does not go beyond what is necessary to achieve that aim.

Parties: Dansk almennyttigt Boligselskab e Dansk Arbejdsgiverforening

Classification: Equality - Art. 26 Rights of the disabled - Rights of the disabled – positive actions

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