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2016-11 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0386 and id is 1 raw text is: ZCVRLA OPINION OF ADVOCATE GENERAL BOT delivered on 26 May 20161 Case C-395/15 Mohamed Daouidi V Bootes Plus SL, Fondo de Garantia Salarial, Ministerio Fiscal (Request for a preliminary ruling from the Juzgado de lo Social no 33 de Barcelona (Social Court No 33, Barcelona, Spain)) (Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Articles 1 to 3 - Equal treatment in employment and occupation - Dismissal of a worker temporarily unable to work - Discrimination based on disability - Definition of 'disability' - Long-term nature of the limitation) 1. This request for a preliminary ruling concerns the interpretation of Articles 3, 15, 21(1), 30, 31, 34(1), and 35 of the Charter of Fundamental Rights of the European Union2 and of Articles 1 to 3 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.3 2. The request has been made in the context of a dispute between Mr Mohamed Daouidi, on the one hand, and Bootes Plus SL, the Fondo de Garantia Salarial (Wages Guarantee Fund) and the Ministerio Fiscal (Public Prosecutor), on the other, relating to his dismissal during the time when he was unable to work owing to an accident at his workplace. 3. This Opinion will concentrate on the fifth question referred by the Juzgado de lo Social no 33 of Barcelona (Social Court No 33, Barcelona, Spain), which concerns the interpretation of the concept of 'disability' within the meaning of Directive 2000/78. 1 - Original language: French. 2 - Hereinafter 'the Charter'. 3 - OJ 2000 L 303, p. 16. ECLI:EU:C:2016:371 Reports of Cases EN I I

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