CELEX: 62015CN0406
Language: en
Date: 2015-07-24 00:00:00
Title: Case C-406/15: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 24 July 2015 — Petya Milkova v Agentsia za privatizatsia i sledprivatizatsionen kontrol

12.10.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 337/7
            
         Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 24 July 2015 — Petya Milkova v Agentsia za privatizatsia i sledprivatizatsionen kontrol
   (Case C-406/15)
   (2015/C 337/09)
   Language of the case: Bulgarian
   
      Referring court
   
   Varhoven administrativen sad
   
      Parties to the main proceedings
   
   
      Applicant: Petya Milkova
   
      Defendant: Agentsia za privatizatsia i sledprivatizatsionen control
   
      Other party to the proceedings: Varhovna administrativna prokuratura
   
      Questions referred
   
   
               1.
            
            
               Does Article 5(2) of the United Nations Convention on the Rights of Persons with Disabilities permit the Member States to provide by law for specific advance protection against dismissal only for persons with disabilities who are employees, and not for civil servants with the same disabilities?
            
         
               2.
            
            
               Do Article 4 and the further provisions of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation permit a national rule providing for specific protection against dismissal for persons with disabilities who are employees, but not for civil servants with the same disabilities?
            
         
               3.
            
            
               Does Article 7 of Directive 2000/78 permit persons with disabilities who are employees, but not civil servants with the same disabilities, to be afforded specific advance protection?
            
         
               4.
            
            
               If the first and third questions are answered in the negative: In light of the foregoing facts and circumstances of the present case, is it necessary in order to comply with the provisions of international and Community law that the specific advance protection against dismissal for persons with disabilities who are employees provided for by the national legislator also be applied to civil servants with the same disabilities?
            
         
      (1)  OJ 2000 L 303, p. 16.