Chacón Navas v Eurest Colectividades SA: (Case C-13/05)

ECJ: President V Skouris, Presidents of Chamber P Jann, CWA Timmermans, A Rosas, K Schiemann and J Makarczyk, Judges J-P Puissochet, N Colneric, K Lenaerts, P Kris, E Juhász, E Levits and A Ó Caoimh: 11 July 2006

A medical certificate relating to the claimant, an employee of the defendant in Spain, stated that the claimant was unfit to work on grounds of sickness and that she would not be able to return to work in the short term. Eight months later, she was dismissed. In proceedings in which the claimant sought an order that the dismissal was void and for her to be reinstated in her post, the referring court sought a ruling on whether Council Directive 2000/78/EC, whose purpose was stated in article 1 to be to lay down a general framework for combating discrimination on the ground, inter alia, of disability, conferred protection on a person who had been dismissed solely on account of illness.

The Court of Justice held:
“Disability” in the context of Directive 2000/78/EC referred to a limitation resulting from physical, mental or psychological impairments which hindered participation in professional life over a long period of time, and “sickness” could not be equated with “disability”. Sickness did not constitute an independent ground in relation to which the Directive prohibited discrimination. Accordingly, a person who had been dismissed solely on account of sickness did not fall within the Directive.

Per curiam. Directive 2000/78 precludes dismissal on grounds of disability which, in the light of the obligation to provide reasonable accommodation for people with disabilities, is not justified by the fact that the person concerned is not competent, capable and available to perform the essential functions of his post.

Appearances: R Sanz García-Muro for the defendant; E Braquehais Conesa, agent, for the Spanish Government; T Boek, agent, for the Czech Government; M Lumma and C Schulze-Bahr, agents, for the German Government; HG Sevenster, agent, for the Netherlands Government; C Pesendorfer, agent, for the Austrian Government; Tim Ward for the United Kingdom Government; I Martinez del Peral Cagigal and D Martin, agents, for the Commission of the European Communities.}