The Court of Justice of the European Union (the “CJEU”) delivered a judgement in the case concerning the legal interpretation of the concept of ‘discrimination’ under Article 2 of Directive 2000/78/EC, after the court’s proceedings before the Grand Chamber and after the positive opinion handed down the advocate general Giovanni Petruzelli, which opined – in line with the Firm’s position in the case – that the principle of equal treatment in the European Union law (“EU Law”) is intended to efficiently and effectively protect workers who have a disability against any discrimination on the basis of such disability – not only compared to workers who do not have disabilities but also compared to other workers with disabilities. The CJEU’s ruling is hugely important not only for the Firm’s Client but also for other cases concerning anti-discrimination law. The CJEU’s judgement further indicates that the principle of equal treatment may be also applied in cases of differentiation within a distinct group of workers with protected personal characteristics. The CJEU’s judgement will have an impact on the legal interpretation and application of EU law in all EU Member States.
File number: C 16/19
