Chacon Navas v. Eurest Colectividades SA
- Chacon Navas v. Eurest Colectividades SA
"Chacon Navas v. Eurest Colectividades SA" (C-13/05) [2007] All ER (EC) 59 is a discrimination law case in EU law, which sets out a definition of disability. It is relevant for the Disability Discrimination Act 1995.
Facts
Ms Navas was ill, and after eight months her catering employers sacked her, unfairly. She wanted to claim that she also fell into the disability provisions of Spanish law, which were in turn based on an the EU Framework Equality Directive 2000/78/EC.
Advocate General
The Advocate General was not impressed. As he put it, the Spanish court “wonders whether the protective umbrella of the Directive would not also extend to sickness as an identifying attribute as distinct from the identifying attribute of disability referred to in the Directive.”
“41 It is clear from the words “Without prejudice to the other provisions of this Treaty” that article 13 EC is of a subsidiary nature. Another Treaty provision does not therefore have to be considered as the legal basis of the action to be taken under article 13 EC.”
European Court of Justice
The ECJ started with Art.136 TEC, which states that the Community exists with "a view to lasting high employment and the combating of exclusion." It referred to the mention of disability in the Community Charter of the Fundamental Social Rights of Workers, para 26.
40-2. states that an ‘autonomous and uniform’ Community meaning should be given to concepts, like disability, where no express reference is made to the MS’s competence in the Directive.
43. “the concept of “disability” must be understood as referring to a limitation which results in particular from physical, mental or psychological impairments and which hinders the participation of the person concerned in professional life.”
ee also
*Employment discrimination law in the UK
Notes
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2010.
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Chacón Navas v Eurest Colectividades SA — Court European Court of Justice Citation(s) (2006) C 13/05, [2006] IRLR 706, [2007] All ER (EC) 59 Keywords Disability discrimination Chacón Navas v Eu … Wikipedia
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