Judgment of the Court (First Chamber) of 18 January 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares — Spain) — J.M.A.R. v Ca Na Negreta SA

(Case C-631/22, (1) Ca Na Negreta)

(Reference for a preliminary ruling - Directive 2000/78/EC - Equal treatment in employment and occupation - Prohibition of discrimination on grounds of disability - Accident at work - Total permanent incapacity - Termination of the employment contract - Article 5 - Reasonable accommodation)

(C/2024/1661)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de las Islas Baleares

Parties to the main proceedings

Appellant: J.M.A.R.

Respondent: Ca Na Negreta SA

Other party: Ministerio Fiscal

Operative part of the judgment

Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, read in the light of Articles 21 and 26 of the Charter of Fundamental Rights of the European Union and Articles 2 and 27 of the United Nations Convention on the Rights of Persons with Disabilities, concluded in New York on 13 December 2006 and approved on behalf of the European Community by Council Decision 2010/48/EC of 26 November 2009, must be interpreted as precluding national legislation which provides that an employer may terminate the employment contract on the ground that the worker is permanently unable to perform the tasks entrusted to him or her under that contract, on account of a disability occurring during the employment relationship, without the employer first being required to make or maintain reasonable accommodation in order to enable that worker to keep his or her job, or to demonstrate, where appropriate, that such accommodation would constitute a disproportionate burden.

(1)   OJ C 24, 23.1.2023.