J.M.A.R v Ca Na Negreta SA (C-631/22)

Judgment of 18 Jan 2024

law://eu/cjeu/2022/c-631-22/para_45@2026-11-13

45In that context, it should be noted that Article 5 of Directive 2000/78 does not oblige an employer to take measures which would impose a disproportionate burden on it. In that regard, it follows from recital 21 of that directive that, in order to determine whether the measures in question give rise to a disproportionate burden, account should be taken in particular of the financial costs entailed, the scale and financial resources of the organisation or undertaking and the possibility of obtaining public funding or any other assistance. In addition, it should be stated that, in any event, the possibility of assigning a disabled person to another job is only available where there is at least one vacancy that the worker in question is capable of holding (judgment of 10 February 2022, HR Rail, C‑485/20, EU:C:2022:85, paragraphs 45 and 48).

J.M.A.R v Ca Na Negreta SA (C-631/22)

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