Refusal of reasonable accommodation as a case of discrimination on grounds of disability. Its impact on the employment contract

Commentary to the Ruling of the Court of Justice of the European Union of 18 January 2024 (Case C-631/22)

Abstract

The Court of Justice of the European Union has ruled on two questions referred for a preliminary ruling on Article 5 of Directive 2000/78 concerning the termination of an employment contract resulting from the total permanent incapacity of the employee, without the employer having previously been obliged to provide or maintain reasonable accommodation. This ground for termination does not operate automatically. Its analysis highlights the uncertainty of the social security occupational recovery benefits.