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CJEU Case C-406/15 / Opinion

Petya Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
27/10/2016

Key facts of the case:

‛Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — National legislation affording special protection to disabled employees in the event of dismissal — No such rules for the benefit of disabled civil servants — Permissibility — Directive 2000/78/EC — Articles 4 and 7 — United Nations Convention on the Rights of Persons with Disabilities — Article 5(2) — Extension of the national protective rules to benefit disabled civil servants’

Outcome of the case:

In the light of the foregoing, I propose that the Court’s answer to the questions referred for a preliminary ruling by the Varhoven administrativen sad (Supreme Administrative Court, Bulgaria) should be as follows:

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 it is not applicable to a situation in which the difference of treatment which the national legislation introduces as between employees and civil servants with the same types of disability is based on the criterion not of disability but of the nature of the employment relationship between those two categories of disabled person and their respective employers.