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European Observer on fundamental right's respect

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Case Law C-406/15 (09/03/2017)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/09/2017

Subject: The Court affirmed that Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, read in the light of the United Nations Convention on the Rights of Persons with Disabilities, and in conjunction with the general principle of equal treatment enshrined in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, must be construed as allowing legislation of a Member State which confers on employees with certain disabilities specific advance protection in the event of dismissal, without conferring such protection on civil servants with the same disabilities, unless it has been established that there has been an infringement of the principle of equal treatment, that being a matter for the referring court to determine.When making that determination, the comparison of the situations must be based on an analysis focusing on all the relevant rules of national law governing the positions of employees with a particular disability, on the one hand, and the positions of civil servants with the same disability, on the other, having regard, in particular, to the purpose of the protection against dismissal at issue in the main proceedings. In the event that Directive 2000/78 precludes legislation of a Member State such as that at issue in the main proceedings, the obligation to comply with EU law would require that the scope of the national rules protecting employees with a particular disability should be extended, so that those protective rules also benefit civil servants with the same disability

Parties: Milkova

Classification: Equality - Art. 20 Equality - Art. 21 Non discrimination - Art. 26 Rights of the disabled - Solidarity - Art. 34 Social security

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