La aplicación de la doctrina del Tribunal de Justicia de la Unión Europea sobre el concepto de discapacidad

Comentario a las sentencias del Tribunal Supremo de 22 de mayo de 2020 (rec. 2684/2017) y de 15 de septiembre de 2020 (rec. 3387/2017)

Abstract

The papers analyzes two recent decisions in which the Supreme Court has applied the interpretation of the CJEU about the concept of disability of the Directive 2000/78/EC. Both rulings resolve appeals for the unification of doctrine on similar factual assumptions. The ruling of the CJEU on the Daouidi case is used as a contrasting judgment. In both resolutions, the Supreme Court concluded that, in the specific cases examined, there were no elements to consider that the workers dismissed after or during an incapacity period met the requirements demanded by the CJEU, to understand that they were people with disability. Consequently, it concluded that the appealed rulings had correctly applied the doctrine of the CJEU and that, therefore, the dismissals of these workers should be classified as unfair and not as invalid.