OP v Commune d'Ans (C-148/22)

Judgment of 28 Nov 2023

law://eu/cjeu/2022/c-148-22/para_37@2026-11-12

37In the second place, as has been recalled in paragraph 30 of the present judgment, if an internal rule such as that at issue in the main proceedings is not to regarded as ‘indirect discrimination’ within the meaning of Article 2(2)(b) of Directive 2000/78, it must still be appropriate for the purpose of ensuring that the aim pursued by the employer is properly applied. In the case at hand, this entails that the objective of ‘exclusive neutrality’ which the municipality has set itself is genuinely pursued in a consistent and systematic manner, and that the prohibition on wearing any visible sign of beliefs – philosophical and religious in particular – imposed by Article 9 of the terms of employment at issue in the main proceedings is limited to what is strictly necessary (see, to that effect, judgment of 15 July 2021, WABE and MH Müller Handel, C‑804/18 and C‑341/19, EU:C:2021:594, paragraph 68).

OP v Commune d'Ans (C-148/22)

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