CELEX: 62018CN0397
Language: en
Date: 2018-06-15 00:00:00
Title: Case C-397/18: Request for a preliminary ruling from the Juzgado de lo Social de Barcelona (Spain) lodged on 15 June 2018 — Ana María Páez Juárez v Nobel Plastiques Ibérica SA

201808030152050062018/C 294/463972018CJC29420180820EN01ENINFO_JUDICIAL20180615333421Case C-397/18: Request for a preliminary ruling from the Juzgado de lo Social de Barcelona (Spain) lodged on 15 June 2018 — Ana María Páez Juárez v Nobel Plastiques Ibérica SA
 ---documentbreak--- C2942018EN3310120180615EN0046331342Request for a preliminary ruling from the Juzgado de lo Social de Barcelona (Spain) lodged on 15 June 2018 — Ana María Páez Juárez v Nobel Plastiques Ibérica SA
   (Case C-397/18)2018/C 294/46Language of the case: Spanish
      Referring court
   
   Juzgado de lo Social de Barcelona
   
      Parties to the main proceedings
   
   
      Applicant: Ana María Páez Juárez
   
      Defendant: Nobel Plastiques Ibérica SA
   
      Other parties: Fondo de Garantía Salarial (FOGASA), Ministerio Fiscal
   
      Questions referred
   
   
            1.
         
         
            Must workers who are categorised as ‘particularly susceptible to certain risks’ be regarded as persons with a disability for the purposes of the application of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, (
                  1
               ) as interpreted by the case-law of the Court of Justice of the European Union, where, owing to their own personal characteristics or known biological condition, those workers are particularly susceptible to occupational risks and, for that reason, are unable to perform certain jobs on the ground that such jobs would entail a risk to their own health or to other individuals?
            If the answer to the first question is in the affirmative, the following questions are referred:
         
      
            2.
         
         
            Does the decision to dismiss a worker on economic, technical, organisational and production grounds constitute an act of direct or indirect discrimination, within the meaning of Article 2(2)(b) of Directive 2000/78, if the person concerned has a recognised disability, in that she is particularly susceptible when it comes to performing certain jobs on account of her physical impairments, and therefore has difficulties achieving the productivity levels required in order to avoid being put forward for dismissal?
         
      
            3.
         
         
            Does the decision to dismiss a worker on economic, technical, organisational and production grounds constitute an act of direct or indirect discrimination, within the meaning of Article 2(2)(b) of Directive 2000/78, if the person concerned has a recognised disability, in that she has been recognised as being particularly susceptible when it comes to performing certain jobs on account of her physical impairments, and the decision is taken, among other selection criteria, on the basis of multi-skilling in all jobs, including those which the disabled person is unable to perform?
         
      
            4.
         
         
            Does the decision to dismiss a worker on economic, technical, organisational and production grounds constitute an act of indirect discrimination, as defined in Article 2(2)(b) of Directive 2000/78, if the person concerned has a recognised disability and has therefore been recognised as being particularly susceptible when it comes to performing certain jobs on account of her physical impairments, which have resulted in long periods of absence or sick leave prior to the dismissal, and the decision is taken, among other selection criteria, on the basis of that worker’s absenteeism?
         
      (
         1
      )	OJ 2000 L 303, p. 16.