Daouidi v Bootes Plus SL, (Judgment) [2016] EUECJ C-395/15 (01 December 2016)

Daouidi v Bootes Plus SL, (Judgment) [2016] EUECJ C-395/15 (01 December 2016)

Temporary incapacity for work of indeterminate duration due to an accident does not, by itself, constitute a 'long-term' limitation amounting to 'disability' under Directive 2000/78/EC. The assessment of whether a limitation is 'long-term' must be based on objective evidence, including medical prognosis and documentation, and not solely on national legal classification. Only if the incapacity is likely to be significantly prolonged or lacks a clearly defined short-term prognosis can it be considered 'long-term' for the purposes of EU anti-discrimination law.

Citation
[2016] EUECJ C-395/15
Parties
Applicant: Mr Mohamed Daouidi; Respondent: Bootes Plus SL; Respondent: Fondo de Garantía Salarial (Wages Guarantee Fund, Spain); Respondent: Ministerio Fiscal (Public Prosecutor, Spain)
Jurisdiction
European Union
Judgment Date
01 December 2016
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Preliminary ruling issued; interpretation provided to national court.
Legal Topics
Disability Discrimination, Employment Dismissal, Interpretation of EU Directives, Fundamental Rights Under the Charter, Burden of Proof in Discrimination Cases
Labour Law EU Law Anti Discrimination Law Disability Discrimination Employment Dismissal Interpretation of EU Directives Fundamental Rights Under the Charter Burden of Proof in Discrimination Cases

Case Brief

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Parties

Mr Mohamed Daouidi

Applicant

Bootes Plus SL

Respondent

Fondo de Garantía Salarial (Wages Guarantee Fund, Spain)

Respondent

Ministerio Fiscal (Public Prosecutor, Spain)

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether temporary incapacity for work of indeterminate duration due to a work accident constitutes 'disability' under Directive 2000/78/EC
  2. 2 Whether such incapacity alone is sufficient to trigger protection against discrimination on grounds of disability
  3. 3 Interpretation of 'long-term' limitation in the context of disability discrimination

Ratio Decidendi

Temporary incapacity for work of indeterminate duration due to an accident does not, by itself, constitute a 'long-term' limitation amounting to 'disability' under Directive 2000/78/EC. The assessment of whether a limitation is 'long-term' must be based on objective evidence, including medical prognosis and documentation, and not solely on national legal classification. Only if the incapacity is likely to be significantly prolonged or lacks a clearly defined short-term prognosis can it be considered 'long-term' for the purposes of EU anti-discrimination law.

Court Disposition

Preliminary ruling issued; interpretation provided to national court.

Orders

  • Directive 2000/78/EC does not automatically classify temporary incapacity for work of indeterminate duration as 'disability'; the referring court must assess the 'long-term' nature based on objective evidence.