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European Observer on fundamental right's respect

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Case Law C-395/15 (01/12/2016)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/01/2016

Subject: According to the Court, the fact that the person concerned finds himself or herself in a situation of temporary incapacity for work, as defined in national law, for an indeterminate amount of time, as the result of an accident at work, does not mean, in itself, that the limitation of that person’s capacity can be classified as being ‘long-term’, within the meaning of the definition of ‘disability’ laid down by Directive 2000/78/EC, read in the light of the United Nations Convention on the Rights of Persons with Disabilities. The Court affirmed that the evidence which makes it possible to find that such a limitation is ‘long-term’ includes the fact that, at the time of the allegedly discriminatory act, the incapacity of the person concerned does not display a clearly defined prognosis as regards short-term progress or the fact that that incapacity is likely to be significantly prolonged before that person has recovered

Parties: Daouidi

Classification: Freedoms - Art. 15 Right to work - Equality - Art. 21 Non discrimination - Solidarity - Art. 30 Protection against unjustified dismissal - Art. 31 Working conditions: healthy - Working conditions: safe - Art. 34 Social security - Social services for industrial accidents - Art. 35 Preventive health care

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