## Facts

- The case concerned Ms. Chacón Navas, who was dismissed by her employer, Eurest Colectividades SA, due to her absence from work arising from sickness.
- The dispute centered on whether such sickness absence constituted a disability for the purposes of Directive 2000/78/EC, which requires equal treatment in employment and occupation.
- The European Court of Justice (ECJ) was tasked with interpreting Article 2(2)(a) of the Directive, particularly whether sickness absence itself fell within the Directive’s protection or whether a distinction between sickness and disability existed.
- The facts emphasized the importance of assessing the nature, duration, and effects of the employee’s condition, as well as whether reasonable accommodations could enable continued employment.

## Issues

1. Whether sickness absence, not resulting in long-term limitations, could be classified as a disability under Directive 2000/78/EC.
2. What requirements must be met for a condition to fall within the definition of disability, especially regarding the necessity of long-term limitation.
3. Whether an employer’s dismissal related to sickness or disability could be objectively justified under the Directive.

## Decision

- The ECJ held that the concept of "disability" under Directive 2000/78/EC is distinct from "sickness," and sickness absence alone does not automatically qualify as a disability.
- The Court clarified that disability requires a long-term limitation resulting from physical, mental, or psychological impairment which hinders full and effective participation in professional life.
- The mere possibility of future limitation is insufficient; there must be an existing, demonstrable long-term impact on the ability to work.
- The ECJ affirmed that dismissals may be justified if an objective and proportionate reason exists, unrelated to discrimination, and if reasonable accommodations have been considered.

## Legal Principles

- Directive 2000/78/EC prohibits discrimination in employment and occupation based specifically on disability, requiring employers to make reasonable accommodations for disabled employees.
- "Disability" for the purposes of the Directive entails a condition causing a long-term limitation which substantially restricts professional life participation.
- Sickness and disability are separate legal concepts; sickness absence alone does not establish a disability without the requisite long-term limitation.
- Employers may justify dismissal of a disabled employee if there are appropriate, necessary, and proportionate objective grounds unrelated to the disability and after reasonable accommodation has been explored.

## Conclusion

The ECJ’s decision in Chacón Navas v Eurest Colectividades SA established that sickness absence alone does not constitute disability under Directive 2000/78/EC. Only conditions involving a long-term limitation qualify for protection, and dismissals must be objectively justified and proportionate, ensuring a balanced application of non-discrimination principles in employment.


Chacón Navas v Eurest Colectividades SA (Case C-13/05) [2006] ECR I-6467