CELEX: 62020CN0485
Language: en
Date: 2020-09-29 00:00:00
Title: Case C-485/20: Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 29 September 2020 — XXXX v HR Rail, SA

11.1.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/9
            
         
      Request for a preliminary ruling from the Conseil d’État (Belgium) lodged on 29 September 2020 — XXXX v HR Rail, SA
      (Case C-485/20)
      (2021/C 9/14)
      Language of the case: French
      
         Referring court
      
      Conseil d’État
      
         Parties to the main proceedings
      
      
         Applicant: XXXX
      
         Opposing party: HR Rail, SA
      
         Question referred
      
      Is Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1) to be interpreted as meaning that an employer has an obligation, in relation to a person who, due to his disability, is no longer capable of performing the essential functions of the post to which he was assigned, to assign him to another post, for which he has the requisite skills, capabilities and availability, where such a measure would not impose a disproportionate burden on the employer?
      
         (1)  OJ 2000 L 303, p. 16.