Case C-13/05: Judgment of the Court (Grand Chamber) of 11 July 2006 (reference for a preliminary ruling from the Juzgado de lo Social No 33 de Madrid — Spain) — Sonia Chacón Navas v Eurest Colectividades SA (Directive 2000/78/EC — Equal treatment in employment and occupation — Concept of disability)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: Spain, discrimination based on disability, interpretation of the law, national law, unfair dismissal

16.9.2006

EN

Official Journal of the European Union

C 224/9

Judgment of the Court (Grand Chamber) of 11 July 2006
(reference for a preliminary ruling from the Juzgado de lo
Social No 33 de Madrid — Spain) — Sonia Chacón Navas v
Eurest Colectividades SA

Judgment of the Court (Sixth Chamber) of 13 July 2006
(reference for a preliminary ruling from the Gerechtshof
te Amsterdam — Netherlands) — Anagram International
Inc. v Inspecteur van de Belastingdienst — Douanedistrict
Rotterdam

(Case C-13/05) (1)

(Case C-14/05) (1)

(Directive 2000/78/EC — Equal treatment in employment
and occupation — Concept of disability)

(Common Customs Tariff — Combined Nomenclature —
Tariff classification — Gas-filled balloons)

(2006/C 224/15)

Language of the case: Spanish

(2006/C 224/16)

Language of the case: Dutch

Referring court

Juzgado de lo Social No 33 de Madrid

Parties to the main proceedings

Applicant: Sonia Chacón Navas

Defendant: Eurest Colectividades SA

Re:

Interpretation of Council Directive 2000/78/EC of 27
November 2000 establishing a general framework for equal
treatment in employment and occupation (OJ L 303, p. 16) —
Scope — Dismissal on grounds of sickness — Sickness and
disability.

Operative part of the judgment

1. A person who has been dismissed by his employer solely on
account of sickness does not fall within the general framework laid
down for combating discrimination on grounds of disability by
Council Directive 2000/78/EC of 27 November 2000 estab-
lishing a general framework for equal treatment in employment
and occupation.

2. The prohibition, as

regards dismissal, of discrimination on
grounds of disability contained in Articles 2(1) and 3(1)(c) of
Directive 2000/78 precludes dismissal on grounds of disability
which, in the light of the obligation to provide reasonable accom-
modation 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.

3. Sickness cannot as such be regarded as a ground in addition to
those in relation to which Directive 2000/78 prohibits discrimi-
nation.

Referring court

Gerechtshof te Amsterdam

Parties to the main proceedings

Applicant: Anagram International Inc.

Defendant: Inspecteur van de Belastingdienst — Douanedistrict
Rotterdam

Re:

for

a preliminary

ruling — Gerechtshof

Reference
te
Amsterdam — Interpretation of the Annex to Commission
Regulation (EC) No 442/2000 of 25 February 2000 concerning
the classification of certain goods in the Combined Nomencla-
ture (OJ 2000 L 54, p. 33) — Validity — Tariff classification of
balloons — General Rules 1 and 6 for the interpretation of the
Combined Nomenclature — Heading 9505 90 00 and heading
9503 90 32

Operative part of the judgment

1. Consideration of the second question has disclosed nothing capable
of affecting the validity of Commission Regulation (EC) No
442/2000 of 25 February 2000 concerning the classification of
certain goods in the Combined Nomenclature in so far as the
products referred to in point 3 of the table set out in the Annex
thereto are
the
Combined Nomenclature of the Common Customs Tariff, set out
in Annex I to Council Regulation (EEC) No 2658/87 of 23 July
1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff, as amended by Commission Regulation
(EC) No 1832/2002 of 1 August 2002.

subheading 9503 90 32 of

classified under

2. The classification decided upon by the Commission of the Euro-
pean Communities in Regulation No 442/2000, as regards the
product described in point 3 of the table set out in the Annex
thereto, is applicable by analogy to gas-filled balloons made of
aluminised, bonded plastic foil, the plastic foil forming the inside
of the balloon.

(1) OJ C 69, 19.3.2005.

(1) OJ C 82 of 2.4.2005.