Applicant v HR Rail SA [2022]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination and Equality
Issues covered: Equal Treatment; Disability Discrimination; Reasonable Accommodation


The applicant in the main proceedings was recruited as a specialist maintenance technician for railway tracks by HR Rail, the sole employer of railway staff in Belgium. On 21 November 2016, he started a traineeship at Infrabel, the legal entity acting as the ‘management infrastructure’ for the Belgian railways. In December 2017, the applicant in the main proceedings was diagnosed with a heart condition that required the fitting of a pacemaker, a device which is sensitive to the electromagnetic fields present, inter alia, on railway tracks. Since that medical device was incompatible with the repeated exposure to electromagnetic fields to which a maintenance technician on railway

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This article is correct at 11/04/2022

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Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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