Case C-13/05: Reference for a preliminary ruling from Juzgado de lo Social No 33 by order of that court of 7 January 2005 in the case of Sonia Chacón Navas against Eurest Colectividades SA
Date: 2005-03-19
Institutions: Court of Justice
Subjects: Spain, discrimination based on disability, interpretation of the law, national law, unfair dismissal

C 69/8

EN

Official Journal of the European Union

19.3.2005

Do Community rules concerning freedom of movement for workers
apply to the situation of a national of a non-member State married to
a Community national who has attended a vocational training course
and professional training in a Member State other than her own, and
may the non-Community spouse therefore be exempt from the require-
ment to obtain a work permit on the basis of rules guaranteeing to
Community nationals and members of their families who are non-
member country nationals the right
to freedom of movement as
workers?

Reference for a preliminary ruling from Juzgado de lo
Social No 33 by order of that court of 7 January 2005 in
the case of Sonia Chacón Navas against Eurest Colectivi-
dades SA

(Case C-13/05)

(2005/C 69/16)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of Juzgado de lo Social (Social
Court) No 33 (Spain) of 7 January 2005, received at the Court
Registry on 19 January 2005, for a preliminary ruling in the
case of Sonia Chacón Navas against Eurest Colectividades SA
on the following questions:

1. Does Directive 2000/78 (1),

in so far as Article 1 thereof
lays down a general framework for combating discrimina-
tion on the grounds of disability, include within its protec-
tive scope an employee who has been dismissed by her
employer solely because she is sick?

2. In the alternative,

if it should be concluded that sickness
does not fall within the protective framework which Direc-
tive 2000/78 lays down against discrimination on grounds
of disability and the first question is answered in the nega-
tive, can sickness be regarded as an identifying attribute in
addition to the ones in relation to which Directive 2000/78
prohibits discrimination?

(1) Council Directive 2000/78/EC of 27 November 2000 establishing a
general framework for equal treatment in employment and occupa-
tion.

Reference for a preliminary ruling by the House of Lords,
by order of that court dated 2 December 2004, in the case
of The Queen on the application of 1) Veli Tum and 2)
Mehmet Dari against Secretary of State for the Home
Department

(Case C-16/05)

(2005/C 69/17)

(Language of procedure: English)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the House of Lords, dated 2
December 2004, which was received at the Court Registry on
19 January 2005, for a preliminary ruling in the case of The
Queen on the application of 1) Veli Tum and 2) Mehmet Dari
against Secretary of State for the Home Department on the
following question:

Is Article 41(1) of the Additional Protocol to the Association
Agreement signed at Brussels on 23 November 1970 to be
interpreted as prohibiting a Member State from introducing
new restrictions, as from the date on which that Protocol
entered into force in that Member State, on the conditions of
and procedure for entry to its territory for a Turkish national
seeking to establish himself in business in that Member State?

Reference for a preliminary ruling by the Court of Appeal
(England & Wales) (Civil Division), by order of that court
dated 11 January 2005, in the case of B.F. Cadman against
Health & Safety Executive, Intervener: Equal Opportu-
nities Commission

(Case C-17/05)

(2005/C 69/18)

(Language of procedure: English)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Court of Appeal (England &
Wales)
(Civil Division), dated 11 January 2005, which was
received at the Court Registry on 19 January 2005, for a preli-
minary ruling in the case of B.F. Cadman and Health & Safety
Executive, Intervener: Equal Opportunities Commission on the
following questions: