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Law Cases
European Law Cases
The sources of ec law and its supremacy over national law in the event of conflict Cases

Case C-13/05 Sonia Chacon Navas [2006] ECR I-6467

Country:
United Kingdom
By Oxbridge Law Team
Geelhoed AG
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  • An employee had been off work ill for 8 months.

  • A directive prohibited discrimination based on disability.

  • The ECJ held that this did not cover sickness, and nor did the general principle of non-discrimination. 

Geelhoed AG

  • He noted the potentially far-reaching economic and financial consequences of claims to equal treatment based on the *175 prohibitions set out in Article 13 EC.

  • The interpretation of measures based on Article 13 EC must not be stretched by relying on the words “[w]ithin the limits of the powers conferred by [the Treaty] upon the Community” in that Article, and still less by relying on the general policy of equality.

  • Therefore he recommended a more restrained approach than in Mangold. 

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