57In addition, the definition of the concept of ‘disability’ within the meaning of Article 1 of Directive 2000/78 comes before the determination and assessment of the appropriate accommodation measures referred to in Article 5 of the same directive. According to recital 16 of Directive 2000/78, such measures are intended to accommodate the needs of disabled persons and they are therefore the consequence, not the constituent element, of the concept of ‘disability’ (see, to that effect, judgment in HK Danmark, EU:C:2013:222, paragraphs 45 and 46). Therefore, the mere fact that such accommodation measures may not have been taken in respect of Mr Kaltoft does not mean that he could not be a disabled person within the meaning of the directive referred to.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.