New Sample Case on EU Anti-Discrimination Law

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After having used some model cases used in the PG. Programme in EU law of the London King’s College in my EU Law seminars, I finally (anew) built up “my own” case on EU anti-discrimination law that seems quite usable:

A female employee was on leave from work on grounds of sickness. While she was on leave from work, the employer terminated her contract because of her illness.

  1. Is sickness a kind of disability? (The affirmative answer means that the employee’s termination has been discriminatory.)
  2. What does disability mean for the purposes of Directive 2000/78/EC?
  3. What does discrimination based on stereotypes mean? Does it embrace disability?

(You may use case C-144/04: Mangold vs. Helm [2005] ECR I-9981, and case C-13/05: Sonia Chacón Navas vs. Eurest Colectividades SA [2006] ECR I-6467 for answering!)

  1. Can discrimination “on the grounds of” disability affect only the disabled person, or also other persons linked to the disabled person?
  2. If You are of opinion that discrimination “on the grounds of” disability affects also other persons linked to the disabled persons, what should the bond between the victim of discrimination and the person who s/he is associated with be?

(You may use case C-303/06: S. Coleman vs. Attridge Law and Steve Law [2008] ECR I-5603, and the opinion of the Advocate General Maduro given in this case, for answering!)

While composing the text, I again was assisted by the book: Damian Chalmers, Giorgio Monti. 2008. European Union Law. Updating Supplement. Cambridge University Press.



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