PRESS RELEASE No 181/23

Luxembourg, 28 November 2023 Judgment of the Court in Case C-148/22 | Commune d’Ans

Wearing of religious symbols in the workplace: a public administration may decide to prohibit all of its employees from wearing such signs National courts examine whether the measures taken reconcile freedom of religion with the legitimate objectives underlying that prohibition

In order to put in place an entirely neutral administrative environment, a public administration may prohibit the visible wearing in the workplace of any sign revealing philosophical or religious beliefs. Such a rule is not discriminatory if it is applied in a general and indiscriminate manner to all of that administration’s staff and is limited to what is strictly necessary.

An employee of the municipality of Ans (Belgium), who performs her duties as head of office primarily without being in contact with users of the public service, was prohibited from wearing an Islamic headscarf in her workplace. In the wake of that decision, the municipality amended its terms of employment, now requiring its employees to observe strict neutrality: any form of proselytising is prohibited and the wearing of overt signs of ideological or religious affiliation is prohibited for any worker, including those who are not in contact with the administered. The person concerned seeks a declaration that her freedom of religion has been infringed and that she has been the victim of discrimination. (...)