CELEX: 62020CA0485
Language: en
Date: 2022-02-10 00:00:00
Title: Case C-485/20: Judgment of the Court (Third Chamber) of 10 February 2022 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXXX v HR Rail SA (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of discrimination on the ground of disability — Dismissal of a worker who had become permanently incapable of performing the essential functions of the post — Staff member completing training as part of recruitment — Article 5 — Reasonable accommodation for people with disabilities — Requirement to reassign to another post — Obligation subject to it not being a disproportionate burden for the employer)

4.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 148/3
            
         
      Judgment of the Court (Third Chamber) of 10 February 2022 (request for a preliminary ruling from the Conseil d’État — Belgium) — XXXX v HR Rail SA
      (Case C-485/20) (1)
      
      (Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Prohibition of discrimination on the ground of disability - Dismissal of a worker who had become permanently incapable of performing the essential functions of the post - Staff member completing training as part of recruitment - Article 5 - Reasonable accommodation for people with disabilities - Requirement to reassign to another post - Obligation subject to it not being a disproportionate burden for the employer)
      (2022/C 148/04)
      Language of the case: French
      
         Referring court
      
      Conseil d’État
      
         Parties to the main proceedings
      
      
         Applicant: XXXX
      
         Defendant: HR Rail SA
      
         Operative part of the judgment
      
      Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that the concept of ‘reasonable accommodation’ for disabled persons, within the meaning of that article requires that a worker, including someone undertaking a traineeship following his or her recruitment, who, owing to his or her disability, has been declared incapable of performing the essential functions of the post that he or she occupies, be assigned to another position for which he or she has the necessary competence, capability and availability, unless that measure imposes a disproportionate burden on the employer.
      
         (1)  OJ C 9, 11.1.2021.