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Case C-193/17: Judgment of the Court (Grand Chamber) of 22 January 2019 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Cresco Investigation GmbH v Markus Achatzi (Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 21 — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(a) — Direct discrimination on grounds of religion — National legislation granting certain employees a day’s holiday on Good Friday — Justification — Article 2(5) — Article 7(1) — Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78)
ECLI:EU:UNKNOWN:62017CA0193
62017CA0193
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11.3.2019
Official Journal of the European Union
C 93/6
(Case C-193/17) (*)
((Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Article 21 - Equal treatment in employment and occupation - Directive 2000/78/EC - Article 2(2)(a) - Direct discrimination on grounds of religion - National legislation granting certain employees a day’s holiday on Good Friday - Justification - Article 2(5) - Article 7(1) - Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78))
(2019/C 93/06)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Cresco Investigation GmbH
Defendant: Markus Achatzi
Operative part of the judgment
The measures provided for by that national legislation cannot be regarded either as measures necessary for the protection of the rights and freedoms of others, within the meaning of Article 2(5) of that directive, or as specific measures intended to compensate for disadvantages linked to religion, within the meaning of Article 7(1) of the directive.
(*) Language of the case: German.
ECLI:EU:C:2019:93
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