27.1.2020   

EN

Official Journal of the European Union

C 27/24


Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 12 November 2019 — TC, UB v Komisia za zashtita ot diskriminatsia, VA

(Case C-824/19)

(2020/C 27/31)

Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings

Appellants in the appeal in cassation: TC, UB

Respondents in the appeal in cassation: Komisia za zashtita ot diskriminatsia, VA

Questions referred

1.

Does the interpretation of Article 5(2) of the United Nations Convention on the Rights of Persons with Disabilities and of Article [2](1), (2) and (3) and Article 4(1) of Council Directive 2000/78/EC (1) of 27 November 2000 establishing a general framework for equal treatment in employment and occupation lead to the conclusion that it is permissible for a person without the ability to see to be able to work as a court assessor and participate in criminal proceedings, or:

2.

Is the specific disability of a permanently blind person a characteristic which constitutes a genuine and determining requirement of the activity of a court assessor, the existence of which justifies a difference of treatment and does not constitute discrimination based on the characteristic of ‘disability’?


(1)  OJ 2000 L 303, p. 16.