Judgment of the Court (Grand Chamber) of 28 November 2023 (request for a preliminary ruling from the tribunal du travail de Liège — Belgium) — OP v Commune d’Ans

(Case C-148/22, (1) Commune d’Ans)

(Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Establishing a general framework for equal treatment in employment and occupation - Prohibition of discrimination on the grounds of religion or belief - Public sector - Terms of employment of a public administration prohibiting the visible wearing of any philosophical or religious sign in the workplace - Islamic headscarf - Requirement of neutrality in contacts with the public, hierarchical superiors and colleagues)

(C/2024/696)

Language of the case: French

Referring court

Tribunal du travail de Liège

Parties to the main proceedings

Applicant: OP

Defendant: Commune d’Ans

Operative part of the judgment

Article 2(2)(a) 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 that an internal rule of a municipal authority prohibiting, in a general and indiscriminate manner, the members of that authority’s staff from visibly wearing in the workplace any sign revealing, in particular, philosophical or religious beliefs may be justified by the desire of the said authority to establish, having regard to the context in which it operates, an entirely neutral administrative environment provided that that rule is appropriate, necessary and proportionate in the light of that context and taking into account the various rights and interests at stake.

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(1)   OJ C 207, 23.5.2022.