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Corte giust. 18.6.2026, C-522/24, B.G. c. Ministero della Difesa
| | | |Anti-SARS-CoV-2 vaccination obligation applicable solely to military personnel – suspension from service and withholding of remuneration for refusal to be vaccinated – disadvantage linked to professional category – direct discrimination under Article 2(2)(a) of Directive 2000/78/EC – not established – characterisation of public health-based objections as "personal convictions" – inadmissibility – indirect discrimination on grounds of personal convictions under Article 2(2)(b) – not established
The obligation to receive anti-SARS-CoV-2 vaccination imposed by national legislation exclusively on military personnel, and the consequent suspension from service and withholding of remuneration in the event of refusal, does not constitute discrimination within the meaning of Article 2 of Directive 2000/78/EC. The difference in treatment as compared with civilian personnel operating in the same working environment constitutes neither direct discrimination within the meaning of Article 2(2)(a) — being founded on membership of a professional category and not on any of the protected grounds listed in Article 1 of that Directive — nor indirect discrimination within the meaning of Article 2(2)(b), where the refusal to be vaccinated is motivated by views concerning public health, which do not fall within the concept of "personal convictions" within the meaning of the Directive.