# C_2023015EN.01002801.xml

| 16.1.2023 | EN | Official Journal of the European Union | C 15/28 |
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16.1.2023

EN

Official Journal of the European Union

C 15/28

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Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 10 October 2022 — JK v Kirchliches Krankenhaus

(Case C-630/22)

(2023/C 15/30)

Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Applicant, respondent and appellant on a point of law: JK

Defendant, appellant and respondent on a point of law: Kirchliches Krankenhaus

Questions referred

| 1. | Is it compatible with EU law, in particular Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Directive 2000/78/EC’) (1) in light of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’), if a national provision provides
  that a private organisation whose ethos is based on religious principles






  (a) | may deem unsuitable for employment in its establishment persons who have left a particular religious community prior to the establishment of the employment relationship, or |
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1.

Is it compatible with EU law, in particular Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Directive 2000/78/EC’) (1) in light of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’), if a national provision provides

that a private organisation whose ethos is based on religious principles

(a)

may deem unsuitable for employment in its establishment persons who have left a particular religious community prior to the establishment of the employment relationship, or

| (b) | may require of its staff that they have not left a particular religious community prior to the establishment of the employment relationship, or |
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(b)

may require of its staff that they have not left a particular religious community prior to the establishment of the employment relationship, or

| (c) | may make it a condition of employment that a member of staff who has left a particular religious community prior to the establishment of the employment relationship rejoin said community,
  if it does not also require its staff to belong to that religious community? |
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(c)

may make it a condition of employment that a member of staff who has left a particular religious community prior to the establishment of the employment relationship rejoin said community,

if it does not also require its staff to belong to that religious community?

| 2. | If the first question is answered in the affirmative: What, if any, further requirements apply under Directive 2000/78/EC in light of Article 21 of the Charter in order to justify such a difference of treatment on grounds of religion? |
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2.

If the first question is answered in the affirmative: What, if any, further requirements apply under Directive 2000/78/EC in light of Article 21 of the Charter in order to justify such a difference of treatment on grounds of religion?

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(1)  OJ 2000 L 303, p. 16.

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