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Document 62024CA0005
Case C-5/24, Pauni: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunale ordinario di Ravenna – Italy) – P.M. v S. Snc (Reference for a preliminary ruling – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2 – Discrimination based on disability – Dismissal of a worker on sick leave – National legislation laying down the same limit of number of days of sick leave per calendar year for all workers in the same sector of activity – Article 5 – Reasonable accommodation)
Case C-5/24, Pauni: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunale ordinario di Ravenna – Italy) – P.M. v S. Snc (Reference for a preliminary ruling – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2 – Discrimination based on disability – Dismissal of a worker on sick leave – National legislation laying down the same limit of number of days of sick leave per calendar year for all workers in the same sector of activity – Article 5 – Reasonable accommodation)
Case C-5/24, Pauni: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunale ordinario di Ravenna – Italy) – P.M. v S. Snc (Reference for a preliminary ruling – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 2 – Discrimination based on disability – Dismissal of a worker on sick leave – National legislation laying down the same limit of number of days of sick leave per calendar year for all workers in the same sector of activity – Article 5 – Reasonable accommodation)
OJ C, C/2025/5800, 10.11.2025, ELI: http://data.europa.eu/eli/C/2025/5800/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/5800 |
10.11.2025 |
Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Tribunale ordinario di Ravenna – Italy) – P.M. v S. Snc
(Reference for a preliminary ruling - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2 - Discrimination based on disability - Dismissal of a worker on sick leave - National legislation laying down the same limit of number of days of sick leave per calendar year for all workers in the same sector of activity - Article 5 - Reasonable accommodation)
(C/2025/5800)
Language of the case: Italian
Referring court
Tribunale ordinario di Ravenna
Parties to the main proceedings
Applicant: P.M.
Defendant: S. Snc
Operative part of the judgment
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1. |
Article 2(2) and Article 5 of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding national legislation which confers on a worker on sick leave a right to retain his or her post for a paid and renewable period of 180 days per calendar year, in addition to, in certain cases and at the request of that worker, an unpaid and non-renewable period of 120 days, without providing for specific rules for workers with disabilities, provided that:
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2. |
Article 5 of Directive 2000/78 must be interpreted as meaning that a national provision providing, for the benefit of a worker on sick leave but without regard to his or her possible disability, for an unpaid post retention period of 120 days, in addition to a paid post retention period of 180 days, does not constitute ‘reasonable accommodation’ within the meaning of that article. |
(1) OJ C, C/2024/2014.
(2) The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
ELI: http://data.europa.eu/eli/C/2025/5800/oj
ISSN 1977-091X (electronic edition)