Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/15/2023

Subject: According to the Court, a compensation, financed by the State, which is due to workers for the pecuniary disadvantages caused by the impediment to their employment during their isolation as persons infected with, suspected of being infected with, or suspected of being contagious with COVID-19 does not constitute a ‘sickness benefit’, and does not therefore come within the scope of Regulation (EC) No 883/2004 on the coordination of social security systems because this isolation measure is imposed not for the purposes of the recovery of the person concerned, but in order to protect the population from being infected by that person. Moreover, the Cout affirmed that this compensation is indirectly linked to a condition of residence on Austrian territory, which affects migrant workers to a greater extent and thus constitutes indirect discrimination

Parties: Thermalhotel Fontana

Classification: Equality - Art. 21 Non discrimination - Citizens’ rights - Art. 45 Freedom of movement

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