Abstract

The judgment in question concerns the assessment, in the light of the Directive, of a national regulation to terminate an employment relationship with an employee, who has become completely permanently incapable of carrying out an activity in a position previously occupied without first having to provide them with reasonable accommodation or without demonstrating that such accommodation would entail a disproportionate burden on the employer. In Case C-631/22, the CJEU once again ruled on the interpretation of Article 5 of Directive 2000/78/EC of 27 November 2000 on general conditions of equal treatment within employment, accepting that, i.a. the provision precludes such a national regulation and that the transfer of such an employee to another job, subject to certain additional conditions, may constitute an appropriate measure in the framework of reasonable accommodation.