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Cresco Investigation GmbH v. Markus Achatzi, Case C–193/17, CJEU (Grand Chamber), 22 January 2019

Type Judgment
Case number C-193/17


Recognition of a payment additional to the regular salary for work done on Good Friday only to workers belonging to certain Christian churches. Direct discrimination based on religion.

Normative references

Art. 21 EUCFR
Directive 2000/78/EC of the Council of 27 November 2000


1. According to Council Directive 2000/78 / EC of 27 November 2000, a national legislation that recognises only to workers belonging to certain Christian churches the right to a day off on their religious holidays and to receive an allowance, in case they are called to carry out their work that day, is a direct discrimination based on religion. The granting of a public holiday to a worker belonging to a Christian church is not, in fact, subordinated to the condition of the fulfilment by the worker of a religious obligation during that day, but only to his affiliation to one of these churches. This worker, therefore, remains free to dispose of the period relating to that public holiday, for example for rest or recreation, as he likes.

2. Such legislation cannot be considered neither a necessary measure for the preservation of the rights and freedoms of others, pursuant to Article 2 (5) of the Directive, nor a measure intended to compensate for religion-related disadvantages, pursuant to Article 7 (paragraph). 1 of the same directive. In application of art. 21 of the Charter of Fundamental Rights, private employers are obliged to grant the same treatment provided by the aforementioned national legislation also to non-Christian workers until the internal legislation is changed.
(Case related to a Christian worker request of a payment in addition to his regular salary for work done on a Good Friday).