You are here:

CJEU - C 354/13 / Opinion

FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening (KL), acting on behalf of the Municipality of Billund

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General Jääskinen
Decision date:
Key facts of the case:
(Equal treatment in employment and occupation — Discrimination on grounds of disability — Whether EU fundamental rights law includes a general prohibition of discrimination in the labour market covering discrimination on grounds of obesity — Scope of application of the EU Charter of Fundamental Rights — Whether obesity can amount to a ‘disability’ under Article 1 of Directive 2000/78)
Results (sanctions) and key consequences of the case:
61. For these reasons I propose that the Court should answer questions 1 and 4 of the of the order for reference of the Retten i Kolding as follows:
  1. EU law does not include a general principle prohibiting employers from discriminating on grounds of obesity in the labour market.
  2. Severe obesity can be a disability covered by the protection provided in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation if it, in interaction with various barriers, hinders full and effective participation of the person concerned in professional life on an equal basis with other workers. It is for the national court to determine if this is the case with respect to the plaintiff in the main proceedings.