Legal case Chacon Navas

See the judgment "Chacon Navas" (C - 13-05) of 11 July 2006 here.

In April 2013, the ECJ strengthened the right for support for chronically ill patients in the workplace with the judgment in the case "Chacon Navas".

In its judgment of 11 July 2006, the ECJ expressed for the first time the concept of 'disability ' within the meaning of Directive 2000/78 / EC. Disability consists of three elements: a health impairment, which affects the participation of the person concerned and of certain duration.

A Spanish worker was ill and was terminated by her employer without explanation after she was on sick leave for eight months. The question for the court was whether the protection against discrimination on grounds of disability within the meaning of Directive 2000/78 / EC, also covers termination due to illness.

A disability, according to the ECJ belongs in the category of restrictions, which effects on one hand physical, mental or psychological impairments and on the other hand forms a barrier to participation in professional life. Restrictions will be considered a disability only if they last long.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011