do-me/EUR-LEX huggingface dataset:
Case C-235/25, Zabrano: Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 27 March 2025 – CG v Instituto Nacional de la Seguridad Social (INSS)
Date: 2025-03-27
Institutions: Court of Justice
Subjects: disability insurance, equal treatment, incapacity for work, municipal police, pay cut, physically disabled person, reassignment, termination of employment, worker with disabilities








C_202503631EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3631


14.7.2025






Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 27 March 2025 – CG v Instituto Nacional de la Seguridad Social (INSS)


(Case C-235/25, Zabrano
                (1)
)

(C/2025/3631)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña

Parties to the main proceedings


Appellant: CG

Respondent: Instituto Nacional de la Seguridad Social (INSS)

Questions referred







1.


Must Article 3(1)(c) and 3(3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (2) be interpreted as meaning that that directive applies to a situation in which a local police officer, who has been awarded a total permanent incapacity pension as a result of a physical disability, and who has been assigned to non-operational duties, performing administrative and public service tasks other than those in which that officer was engaged when the declaration of invalidity was made, is required to cease his or her public employment as a local police officer in order to receive that pension?










2.


Must Article 5 of Directive 2000/78, interpreted in the light of Articles 21 and 26 of the Charter of Fundamental Rights of the European Union and of Articles 2 and 27(1) of the United Nations Convention on the Rights of Persons with Disabilities be interpreted as precluding national case-law under which a local police officer assigned to non-operational duties, who has been awarded a total permanent incapacity pension, must terminate his or her public sector employment relationship as a local police officer in order to receive that pension, where that person has already taken up duties other than those in which he or she was engaged when the declaration of disability was made and has suffered a reduction in salary as a result?






(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  
            OJ 2000 L 303, p. 16.


ELI: http://data.europa.eu/eli/C/2025/3631/oj
ISSN 1977-091X (electronic edition)