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Case C-312/11: Judgment of the Court (Fourth Chamber) of 4 July 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/78/EC — Article 5 — Establishing a general framework for equal treatment in employment and occupation — Persons with disabilities — Insufficient implementing measures)
ECLI:EU:UNKNOWN:62011CA0312
62011CA0312
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24.8.2013
Official Journal of the European Union
C 245/2
(Case C-312/11)(Failure of a Member State to fulfil obligations - Directive 2000/78/EC - Article 5 - Establishing a general framework for equal treatment in employment and occupation - Persons with disabilities - Insufficient implementing measures)
2013/C 245/03
Language of the case: Italian
Parties
Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, acting as Agents)
Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, assisted by C. Gerardis, avvocato dello Stato)
Re:
Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, all the provisions necessary to comply with Article 5 of 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) — National legislation providing for the application of that article through various measures, the application of which is itself dependent on the currently purely theoretical adoption of further measures — Insufficient guarantees and adjustments
Operative part of the judgment
The Court:
1.Declares that, by not introducing a requirement for all employers to make reasonable adjustments, where needed in a particular case, for all persons with disabilities, the Italian Republic has failed to fulfil its obligation to ensure the correct and full implementation of Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;
2.Orders the Italian Republic to pay the costs.
* Language of the case: Italian.
ECLI:EU:C:2013:440