Katholische Schwangerschaftsberatung v. JB, Case C-258/24, CJEU (Grand Chamber), 17 March 2026

Illegitimacy of the dismissal of a counsellor from a Catholic association for having left the Catholic Church; limits within which, pursuant to Directive 2000/78, a religious organization may require good faith and loyalty to its ethos in the performance of work activities.

Art. 10, par. 1, Charter
Art. 21, par. 1, Charter
Art. 4 Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation

1. Article 4, paragraphs 1 and 2, of Directive 2000/78, read in the light of Articles 10, paragraph 1, and 21, paragraph 1, of the Charter, precludes a national provision which allows a private organisation whose ethos is based on a religion to require an employee belonging to a particular Church not to leave it, on pain of dismissal, or to rejoin it, where the organisation employs other workers in the same roles without requiring such membership and the employee does not publicly display behaviour hostile to the Church.

2. The right of churches and religious organisations to require an attitude of good faith and loyalty towards their own ethos is subject to effective judicial review of the essential, legitimate, justified and proportionate character of the occupational requirement relied on.

3. Mere withdrawal from the Catholic Church, in the absence of any further concrete circumstances showing a probable and serious risk to the organisation’s ethos or autonomy, is not sufficient to justify a difference of treatment based on religion.

(Fact: a counsellor in a German Catholic association providing pregnancy related counselling was dismissed after declaring before the civil authorities that she was leaving the Catholic Church; the referring court doubted the compatibility of such dismissal with Directive 2000/78).