Article 21 - Non-discrimination
Key facts of the case:
Request for a preliminary ruling from the Sąd Okręgowy w Krakowie.
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(1) and (2)(a) and (b) – ‘Concept of discrimination’ – Direct discrimination – Indirect discrimination – Discrimination on grounds of disability – Difference in treatment within a group of workers with disabilities – Grant of an allowance to workers with disabilities who have submitted disability certificates after a date chosen by the employer – Exclusion of workers with disabilities who have submitted their certificates before that date.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
Article 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 that:
33) That directive is thus a specific expression, within the field that it covers, of the general principle of non-discrimination now enshrined in Article 21 of the Charter of Fundamental Rights of the European Union (see, to that effect, judgment of 23 April 2020, Associazione Avvocatura per i diritti LGBTI, C‑507/18, EU:C:2020:289, paragraph 38 and the case-law cited).