12.10.2015

Official Journal of the European Union

C 337/7

(Case C-406/15)

(2015/C 337/09)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Petya Milkova

Defendant: Agentsia za privatizatsia i sledprivatizatsionen control

Other party to the proceedings: Varhovna administrativna prokuratura

Questions referred

1.Does Article 5(2) of the United Nations Convention on the Rights of Persons with Disabilities permit the Member States to provide by law for specific advance protection against dismissal only for persons with disabilities who are employees, and not for civil servants with the same disabilities?

2.Do Article 4 and the further provisions of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation permit a national rule providing for specific protection against dismissal for persons with disabilities who are employees, but not for civil servants with the same disabilities?

3.Does Article 7 of Directive 2000/78 permit persons with disabilities who are employees, but not civil servants with the same disabilities, to be afforded specific advance protection?

4.If the first and third questions are answered in the negative: In light of the foregoing facts and circumstances of the present case, is it necessary in order to comply with the provisions of international and Community law that the specific advance protection against dismissal for persons with disabilities who are employees provided for by the national legislator also be applied to civil servants with the same disabilities?

Language of the case: Bulgarian

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