Zirvatta (Social policy - Equal treatment in employment and occupation - Prohibition of discrimination on grounds of disability - Judgment) French Text [2026] EUECJ C-597/24 (12 March 2026)

Zirvatta (Social policy - Equal treatment in employment and occupation - Prohibition of discrimination on grounds of disability - Judgment) French Text [2026] EUECJ C-597/24 (12 March 2026)

A national regime granting priority in mobility to certain disabled teachers, but giving precedence to intra-provincial over inter-provincial transfers, does not constitute 'reasonable accommodation' under Article 5 of Directive 2000/78/EC because it is not tailored to individual needs. Such a regime does not amount...

Source-derived case information.

Citation
[2026] EUECJ C-597/24
Parties
Applicant: C. M.; Respondent: Ministero dell'Istruzione e del Merito; Intervener: Ufficio Scolastico Regionale per la Lombardia; Intervener: Ambito Territoriale di Mantova; Intervener: Ufficio Scolastico Regionale per la Calabria; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Final Judgment
Outcome
Reference answered; national regime not contrary to Directive 2000/78/EC as interpreted.
Legal Topics
Equal Treatment in Employment, Disability Discrimination, Reasonable Accommodation, Mobility of Public Sector Employees, Interpretation of Directive 2000/78/ec
European Union Law Labour Law Anti Discrimination Law Social Policy Equal Treatment in Employment Disability Discrimination Reasonable Accommodation Mobility of Public Sector Employees +1 more

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Parties

C. M.

Applicant

Ministero dell'Istruzione e del Merito

Respondent

Ufficio Scolastico Regionale per la Lombardia

Intervener

Ambito Territoriale di Mantova

Intervener

Ufficio Scolastico Regionale per la Calabria

Intervener

Commission européenne

Intervener

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Final Judgment

  1. 1 Whether national rules prioritizing intra-provincial over inter-provincial mobility for disabled teachers constitute 'reasonable accommodation' under Article 5 of Directive 2000/78/EC.
  2. 2 Whether such rules amount to indirect discrimination under Article 2(2)(b) of Directive 2000/78/EC.

Ratio Decidendi

A national regime granting priority in mobility to certain disabled teachers, but giving precedence to intra-provincial over inter-provincial transfers, does not constitute 'reasonable accommodation' under Article 5 of Directive 2000/78/EC because it is not tailored to individual needs. Such a regime does not amount to indirect discrimination under Article 2(2)(b) of the Directive, as it does not place disabled teachers at a particular disadvantage compared to non-disabled teachers; all applicants for inter-provincial transfer, disabled or not, are equally affected by the rule.

Court Disposition

Reference answered; national regime not contrary to Directive 2000/78/EC as interpreted.

Orders

  • Article 5 of Directive 2000/78/EC does not preclude a national regime prioritizing intra-provincial over inter-provincial mobility for certain disabled teachers, as such regime does not constitute 'reasonable accommodation'.
  • Article 2(2)(b) of Directive 2000/78/EC does not consider such a regime to be indirect discrimination against disabled teachers seeking inter-provincial transfer.