CELEX: 62011CA0312
Language: en
Date: 2013-07-04 00:00:00
Title: Case C-312/11: Judgment of the Court (Fourth Chamber) of 4 July 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/78/EC — Article 5 — Establishing a general framework for equal treatment in employment and occupation — Persons with disabilities — Insufficient implementing measures)

24.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 245/2
            
         Judgment of the Court (Fourth Chamber) of 4 July 2013 — European Commission v Italian Republic
   (Case C-312/11) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 2000/78/EC - Article 5 - Establishing a general framework for equal treatment in employment and occupation - Persons with disabilities - Insufficient implementing measures)
   2013/C 245/03
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, acting as Agents)
   
      Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by C. Gerardis, avvocato dello Stato)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, all the provisions necessary to comply with Article 5 of 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) — National legislation providing for the application of that article through various measures, the application of which is itself dependent on the currently purely theoretical adoption of further measures — Insufficient guarantees and adjustments
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by not introducing a requirement for all employers to make reasonable adjustments, where needed in a particular case, for all persons with disabilities, the Italian Republic has failed to fulfil its obligation to ensure the correct and full implementation of Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 226, 30.7.2011.