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Document 62024CA0038
Case C-38/24, Bervidi: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – G.L. v AB SpA (Reference for a preliminary ruling – Social policy – United Nations Convention on the Rights of Persons with Disabilities – Articles 2, 5 and 7 – Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 1 – Article 2(1) and (2)(b) – Prohibition of discrimination on grounds of disability – Indirect discrimination – Difference of treatment in respect of an employee who does not himself or herself have a disability but cares for his or her child who has a disability – Article 5 – Employer’s obligation to make reasonable accommodation)
Case C-38/24, Bervidi: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – G.L. v AB SpA (Reference for a preliminary ruling – Social policy – United Nations Convention on the Rights of Persons with Disabilities – Articles 2, 5 and 7 – Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 1 – Article 2(1) and (2)(b) – Prohibition of discrimination on grounds of disability – Indirect discrimination – Difference of treatment in respect of an employee who does not himself or herself have a disability but cares for his or her child who has a disability – Article 5 – Employer’s obligation to make reasonable accommodation)
Case C-38/24, Bervidi: Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – G.L. v AB SpA (Reference for a preliminary ruling – Social policy – United Nations Convention on the Rights of Persons with Disabilities – Articles 2, 5 and 7 – Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Equal treatment in employment and occupation – Article 1 – Article 2(1) and (2)(b) – Prohibition of discrimination on grounds of disability – Indirect discrimination – Difference of treatment in respect of an employee who does not himself or herself have a disability but cares for his or her child who has a disability – Article 5 – Employer’s obligation to make reasonable accommodation)
OJ C, C/2025/5801, 10.11.2025, ELI: http://data.europa.eu/eli/C/2025/5801/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/2025/5801 |
10.11.2025 |
Judgment of the Court (First Chamber) of 11 September 2025 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – G.L. v AB SpA
(Case C-38/24, (1) Bervidi) (2)
(Reference for a preliminary ruling - Social policy - United Nations Convention on the Rights of Persons with Disabilities - Articles 2, 5 and 7 - Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 1 - Article 2(1) and (2)(b) - Prohibition of discrimination on grounds of disability - Indirect discrimination - Difference of treatment in respect of an employee who does not himself or herself have a disability but cares for his or her child who has a disability - Article 5 - Employer’s obligation to make reasonable accommodation)
(C/2025/5801)
Language of the case: Italian
Referring court
Corte suprema di cassazione
Parties to the main proceedings
Applicant: G.L.
Defendant: AB SpA
Operative part of the judgment
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1. |
Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation and, in particular, Article 1 and Article 2(1) and (2)(b), read in the light of Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union and Articles 2, 5 and 7 of the United Nations Convention on the Rights of Persons with Disabilities, concluded in New York on 13 December 2006 and approved on behalf of the European Community by Council Decision 2010/48/EC of 26 November 2009, must be interpreted as meaning that the prohibition of indirect discrimination on grounds of disability applies to an employee who does not himself or herself have a disability but who is subject to such discrimination because of the assistance that that person provides to his or her child who has a disability, which enables that child to receive the primary care required by virtue of his or her condition. |
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2. |
Directive 2000/78 and, in particular, Article 5 thereof, read in the light of Articles 24 and 26 of the Charter of Fundamental Rights of the European Union and Article 2 and Article 7(1) of the United Nations Convention on the Rights of Persons with Disabilities, must be interpreted as meaning that an employer is required, in order to ensure compliance with the principle of equal treatment of workers and the prohibition of indirect discrimination referred to in Article 2(2)(b) of that directive, to make reasonable accommodation, within the meaning of Article 5 of that directive, in respect of an employee who does not himself or herself have a disability but who provides, to his or her child who has a disability, the assistance which enables that child to receive the primary care required by virtue of his or her condition, provided that that accommodation does not impose an unreasonable burden on that employer. |
(1) OJ C, C/2024/2412.
(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/2025/5801/oj
ISSN 1977-091X (electronic edition)