Vera Egenberger v. Evangelisches Werk für Diakonie und Entwicklung eV, Case C-414/16, CJEU (Grand Chamber), 17 April 2018

Rejection of a job application for reasons related to religious affiliation. Concept of essential professional requirement pursuant to art. 4 (2), second subparagraph, of Directive 2000/78.

Directive 2000/78/EC of the Council of 27 Novembre 2000

1. Where a church (or other organisation whose ethos is based on religion or belief) asserts, in support of an act or decision such as the rejection of an application for employment with it, that by reason of the nature of the activities concerned or the context in which they are to be carried out, religion constitutes a genuine, legitimate and justified occupational requirement, having regard to the ethos of the church (or organisation), it must be possible for such an assertion to be the subject of effective judicial review. The court hearing the case must ensure that, in the particular case, the criteria laid down by the directive for striking a balance between the possibly competing rights are satisfied.

2. The national courts must ascertain whether the requirement put forward is necessary and objectively dictated, having regard to the ethos of the church (or organisation) concerned, by the nature of the occupational activity in question or the circumstances in which it is carried out. In addition, the requirement must comply with the principle of proportionality, that is to say, it must be appropriate and not go beyond what is necessary for attaining the objective pursued.
 
3. Where the dispute arises between private entities, national courts are required to do everything in their power to interpret national law in accordance with the directive 2000/78. However, if this is impossible for the national court because of a clear conflict between the directive and the relevant provisions of national law, this obligation does not apply