An employee had been off work ill for 8 months. A directive prohibited discrimination based on disability. The ECJ held that this did not cover sickness, and nor did the general principle of non-discrimination.
Geelhoed AG: He noted the potentially far-reaching economic and financial consequences of claims to equal treatment based on the *175 prohibitions set out in art.13 EC. The interpretation of measures based on art.13 EC must not be stretched by relying on the words “[w]ithin the limits of the powers conferred by [the Treaty] upon the Community” in that article, and still less by relying on the general policy of equality. Therefore he recommended a more restrained approach than in Mangold.