Military: suspension is lawful for those who have refused the Covid vaccine
According to the judges, the officer’s explanation was merely an opinion
The suspension from service is lawful for military personnel who have not fulfilled their obligation to be vaccinated against Covid. This was established by the Court of Justice of the European Union in its judgment in Case C-522/24. The case concerned an Italian officer from the Ministry of Defence who had been suspended without pay in 2022 and had lodged an appeal. When asked by the Council of State, the CJEU clarified, first of all, that the difference in treatment between civilian and military staff within the Ministry of Defence stems from their membership of a different professional category.
However, this distinction is not included in the list of grounds set out in European legislation against direct discrimination. Furthermore, the soldier had justified his refusal to be vaccinated by arguing that knowledge regarding the vaccine’s effectiveness was limited. According to the Court, therefore, he was seeking to challenge decisions taken by the Italian authorities on matters of public health rather than expressing his own opinions.
Although the EU protects against indirect discrimination – which involves a disadvantage on the grounds of religious affiliation or philosophical or spiritual beliefs – the judges have ruled that the officer’s view is, as such, not covered by EU law. Finally, in the absence of any link between the contested vaccination requirement and EU law, no breach of the Charter of Fundamental Rights can be established.
