10.9.2011

Official Journal of the European Union

C 269/32

(Case C-337/11)

2011/C 269/63

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: HK Danmark, acting on behalf of Lone Skouboe Werge

Defendant: Pro Display A/S in liquidation

Questions referred

1.Is any person who, because of physical, mental or psychological injuries, cannot or can only to a limited extent carry out his work in a period that satisfies the requirement as to duration specified in paragraph 45 of the judgment of the Court of Justice in Case C-13/05 Navas covered by the concept of disability within the meaning of the directive?

(a)Can a condition caused by a medically diagnosed incurable illness be covered by the concept of disability within the meaning of the directive?

(b)Can a condition caused by a medically diagnosed temporary illness be covered by the concept of disability within the meaning of the directive?

2.Should a permanent reduction in functional capacity which does not entail a need for special aids or the like but means only that the person concerned is not capable of working full-time be regarded as a disability in the sense in which that term is used in Council Directive 2000/78/EC?

3.Is a reduction in working hours among the measures covered by Article 5 of Directive 2000/78/EC?

4.Does Council Directive 2000/78/EC preclude the application of a provision of national law under which an employer is entitled to dismiss an employee with a shortened notice period where the employee has received his salary during periods of illness for a total of 120 days during a period of 12 consecutive months, in the case of an employee who must be regarded as disabled within the meaning of the directive, where

the absence was caused by the disability

(b)the absence was due to the fact that the employer did not implement the measures appropriate in the specific situation to enable a person with a disability to perform his work?

[2006] ECR I-6467.

OJ 2000 L 303, p. 16.