# C_2017144EN.01002601.xml

| 8.5.2017 | EN | Official Journal of the European Union | C 144/26 |
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8.5.2017

EN

Official Journal of the European Union

C 144/26

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Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 9 February 2017 — IR v JQ

(Case C-68/17)

(2017/C 144/34)

Language of the case: German

Referring court

Referring court

Bundesarbeitsgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant: IR

Appellant:

Respondent: JQ

Respondent:

Questions referred

Questions referred

| 1. | Is the second subparagraph of Article 4(2) of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (Directive 2000/78/EC) to be interpreted as meaning that the church can determine with binding effect that an organisation such as the defendant in the present proceedings, where employees in managerial positions are required to act in good faith and with loyalty, shall differentiate between employees who belong to the church and those who belong to another church or to none at all? |
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1.

Is the second subparagraph of Article 4(2) of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (Directive 2000/78/EC) to be interpreted as meaning that the church can determine with binding effect that an organisation such as the defendant in the present proceedings, where employees in managerial positions are required to act in good faith and with loyalty, shall differentiate between employees who belong to the church and those who belong to another church or to none at all?

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| 2. | If the first question is answered in the negative:






  a) | Must the provision of national law, in this case Paragraph 9(2) of the Allgemeines Gleichbehandlungsgesetz (General Law on equal treatment), according to which unequal treatment of this kind on the basis of the religious affiliation of employees is justified in accordance with the church’s self-concept, be disapplied in these proceedings? |
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2.

If the first question is answered in the negative:

a)

Must the provision of national law, in this case Paragraph 9(2) of the Allgemeines Gleichbehandlungsgesetz (General Law on equal treatment), according to which unequal treatment of this kind on the basis of the religious affiliation of employees is justified in accordance with the church’s self-concept, be disapplied in these proceedings?

| b) | What requirements apply, in accordance with the second subparagraph of Article 4(2) of Directive 2000/78/EC, in respect of a requirement for employees of a church or one of the other organisations mentioned to act in good faith and with loyalty to the organisation’s ethos? |
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b)

What requirements apply, in accordance with the second subparagraph of Article 4(2) of Directive 2000/78/EC, in respect of a requirement for employees of a church or one of the other organisations mentioned to act in good faith and with loyalty to the organisation’s ethos?

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(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, OJ 2000 L 303, p. 16.

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