Abstract

The judgement of the Court of Justice of the European Union, C-485/20, regarding the case XXXX vs. HR Rail S.A., refers to the possibility of considering a transfer of an employee to another post as an appropriate means if they are no longer able to carry out an activity at the previous one. The Court has once again expressed its views on the interpretation of the legal notion of “reasonable accommodation” within the meaning of Directive 2000/78/EC of 27 November 2000, constituting general conditions of equal treatment regarding employment and work, by accepting that in the absence of effective means enabling the employee with disability to retain the post allocated to them, the assignment of another post may be appropriate, taking into account their skills, abilities and availability, without imposing a disproportionate burden on the employer.