Case C-13/05, Chacón Navas v. Eurest Colectividades SA

Publishers Abstract:
Whilst the adoption of the two equality Directives in 2000 prompted a great deal of discussion, case law of the European Court of Justice interpreting key provisions of the Directives has thus far been rather thin on the ground. However, such cases are now beginning to filter through, and 2005 and 2006 saw the first two judgments of the Court concerning the Employment Equality Directive -- one relating to age and the other, the subject of this case note, concerning disability/illness. The Court held that for the purposes of the Directive, 'disability' is different from 'sickness', and that there is nothing in the Directive to suggest that workers are protected by the prohibition of discrimination on grounds of disability as soon as they develop any type of sickness. The Court's ruling may have already been overtaken by events occurring elsewhere in the world.