FOA, acting on behalf of Kaltoft v KL, acting on behalf of the Municipality of Billund Posted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionDiscrimination and Equality
Mr Kaltoft was a childminder who was morbidly obese, with a BMI of 54. He was dismissed by a council in Denmark and claimed it was because of his obesity, which he said amounted to a disability. A Danish court referred four questions to the CJEU:
1. Is it contrary to EU law, as expressed, for example, in Article 6 TEU concerning fundamental rights, generally or particularly for a public-sector employer to discriminate on grounds of obesity in the labour market?
2. If there is an EU prohibition of discrimination on grounds of obesity, is it directly applicable as between a Danish citizen and his employer, a public authority?
3. Should the Court find that there is a prohibition under EU law of
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