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Case C-270/16: Request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca (Spain) lodged on 13 May 2016 — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares, S.A. and Ministerio Fiscal
ECLI:EU:UNKNOWN:62016CN0270
62016CN0270
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Official Journal of the European Union
C 279/18
(Case C-270/16)
(2016/C 279/24)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Carlos Enrique Ruiz Conejero
Defendants: Ferroser Servicios Auxiliares, S.A. and Ministerio Fiscal
Question referred
Does Directive 2000/78 preclude the application of a provision of national law under which an employer is entitled to dismiss an employee on objective grounds for absences from work, albeit justified but intermittent, which amount to 20 % of the employee’s working hours in two consecutive months, provided that the total absences in the previous 12 months amount to 5 % of working hours or 25 % of working hours in four non-consecutive months within a 12-month period, in the case of an employee who must be treated as disabled within the meaning of the directive when his absence from work was caused by his disability?
(1) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).
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