Judgment_paragraph 50 · IR v JQ (C-68/17)

50In that regard, the Court has found that it is clear from that provision that it is on the basis of the ‘nature’ of the activities concerned or the ‘context’ in which they are carried out that religion or belief may, in certain circumstances, constitute a genuine, legitimate and justified occupational requirement in the light of the ethos of the church or organisation concerned within the meaning of that provision. Thus the lawfulness, in the light of that provision, of a difference of treatment on grounds of religion or belief depends on the objectively verifiable existence of a direct link between the occupational requirement imposed by the employer and the activity concerned. Such a link may arise either as a result of the nature of the activity, for example where it involves taking part in the determination of the ethos of the church or organisation in question or contributing to its evangelising mission, or of the circumstances in which the activity is to be carried out, for instance, where it is necessary to ensure that the church or organisation is presented in a credible fashion to the outside world (see, to that effect, judgment of 17 April 2018, Egenberger, C‑414/16, EU:C:2018:257, paragraphs 62 to 63).