Judgment_paragraph 42 · XX v Tartu Vangla (C-795/19)

42As Regulation No 12 seeks to preserve the safety of persons and public order, it must be held that that regulation pursues legitimate objectives, as is apparent from paragraphs 36 and 37 of this judgment. In those circumstances, it is still necessary to ascertain whether the requirement laid down in Article 4 of that regulation and in Annex 1 thereto – namely that a prison officer’s auditory acuity must meet minimum standards of sound perception, without the use of corrective aids being permitted during the assessment of whether those standards are met, and where failure to meet those standards constitutes an absolute medical impediment to the exercise of his or her duties, resulting in their termination and therefore liable to lead to his or her dismissal – is proportionate. Accordingly, it is necessary to examine whether that requirement is appropriate for attaining those objectives and ensure that it does not go beyond what is necessary to attain them (see, to that effect, judgment of 13 November 2014, Vital Pérez, C‑416/13, EU:C:2014:2371, paragraph 45).