16.1.2023

Official Journal of the European Union

C 15/28

(Case C-630/22)

(2023/C 15/30)

Language of the case: German

Referring court

Parties to the main proceedings

Applicant, respondent and appellant on a point of law: JK

Defendant, appellant and respondent on a point of law: Kirchliches Krankenhaus

Questions referred

1.Is it compatible with EU law, in particular Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (‘Directive 2000/78/EC’) (1) in light of Article 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’), if a national provision provides

that a private organisation whose ethos is based on religious principles

(a)may deem unsuitable for employment in its establishment persons who have left a particular religious community prior to the establishment of the employment relationship, or

(b)may require of its staff that they have not left a particular religious community prior to the establishment of the employment relationship, or

(c)may make it a condition of employment that a member of staff who has left a particular religious community prior to the establishment of the employment relationship rejoin said community,

if it does not also require its staff to belong to that religious community?

2.If the first question is answered in the affirmative: What, if any, further requirements apply under Directive 2000/78/EC in light of Article 21 of the Charter in order to justify such a difference of treatment on grounds of religion?

* Language of the case: German.

(1) OJ 2000 L 303, p. 16.