This document is an excerpt from the EUR-Lex website
Document 62017CA0068
Case C-68/17: Judgment of the Court (Grand Chamber) of 11 September 2018 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — IR v JQ (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Occupational requirements — Acting in good faith and with loyalty to the ethos of the church or organisation — Definition — Difference of treatment on the basis of religion or belief — Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce)
Case C-68/17: Judgment of the Court (Grand Chamber) of 11 September 2018 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — IR v JQ (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Occupational requirements — Acting in good faith and with loyalty to the ethos of the church or organisation — Definition — Difference of treatment on the basis of religion or belief — Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce)
Case C-68/17: Judgment of the Court (Grand Chamber) of 11 September 2018 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — IR v JQ (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Occupational requirements — Acting in good faith and with loyalty to the ethos of the church or organisation — Definition — Difference of treatment on the basis of religion or belief — Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce)
OJ C 408, 12.11.2018, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
12.11.2018 |
EN |
Official Journal of the European Union |
C 408/13 |
Judgment of the Court (Grand Chamber) of 11 September 2018 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — IR v JQ
(Case C-68/17) (1)
((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment - Occupational activities within churches and other organisations the ethos of which is based on religion or belief - Occupational requirements - Acting in good faith and with loyalty to the ethos of the church or organisation - Definition - Difference of treatment on the basis of religion or belief - Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce))
(2018/C 408/14)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Applicant: IR
Defendant: JQ
Operative part of the judgment
1. |
The second subparagraph of Article 4(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning:
|
2. |
A national court hearing a dispute between two individuals is obliged, where it is not possible for it to interpret the applicable national law in a manner that is consistent with Article 4(2) of Directive 2000/78, to provide, within the limits of its jurisdiction, the legal protection which individuals derive from the general principles of EU law, such as the principle prohibiting discrimination on grounds of religion or belief, now enshrined in Article 21 of the Charter of Fundamental Rights of the European Union, and to guarantee the full effectiveness of the rights that flow from those principles, by disapplying, if need be, any contrary provision of national law. |