The European Court of Justice (ECJ) on Tuesday ruled that Austrian law discriminated on grounds of religion and belief for not giving plaintiff Markus Achatzi holiday pay for working on Good Friday, a holy day for several Christian denominations marking the crucifixion of Jesus Christ.
Security agent Achatzi sued his company, Cresco Investigation of Vienna, in 2017 for additional pay for working on Good Friday, considered a public holiday for members of select churches. Austria's Supreme Court asked the ECJ to rule whether the national law was discriminatory in nature.
What the ruling says:
- Granting "paid public holiday on Good Friday only to employees who are members of certain churches constitutes discrimination on grounds of religion and is prohibited under EU law"
- "Until Austria has amended its legislation, in order to restore equal treatment, a private employer who is subject to that legislation is obliged also to grant his other employees a public holiday on Good Friday"
- "The Court concludes that the legislation at issue cannot be considered necessary for the protection of freedom of religion"
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What happened?
In Austria, Good Friday is considered a public holiday for members of the "Evangelical Churches of the Augsburg and Helvetic Confessions, the Old Catholic Church and the United Methodist Church."
Achatzi worked Good Friday in 2015, but did not receive a paid holiday or double pay for working because he did not belong to any of those churches. He sued his company for discriminating against him on religious grounds.
His case eventually reached the Austrian Supreme Court, which in turn asked the ECJ to rule whether the national law making Good Friday a public holiday for members of select churches was discriminatory in nature.
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Germany's dancing ban and other peculiar Good Friday prohibitions
Guilty feet have got no rhythm
The most infamous of Germany's banned Good Friday activities is dancing. Described by critics as the "thwarting of night owls," the dancing ban or "Tanzverbot" has long been disputed. Rules vary across Germany's 16 states, with Berlin being the most liberal: The ban is only in place there from 4 a.m. to 9 p.m. on Good Friday. Penalties vary, but violators risk fines of up to €1,500 ($1,860).
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Germany's dancing ban and other peculiar Good Friday prohibitions
Naughtius Maximus
More than 700 films which apparently violate the "religious moral feeling of silent Christian holidays" are banned from public viewing on Good Friday. Included on the "Public Holiday Index" are "Ghostbusters" and the seemingly harmless 1975 cartoon classic "Heidi." Since 2013 a Bochum initiative has shown Monty Python's 1979 religious satire "Life of Brian" in protest: the 2018 has been approved.
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Germany's dancing ban and other peculiar Good Friday prohibitions
Red card for sporting events
Many public sporting events are included in the ban during Germany's "silent public holidays." Football matches in the Bundesliga and second division are also rescheduled, as they, too, fall under the prohibited category of "taproom and food establishments."
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Germany's dancing ban and other peculiar Good Friday prohibitions
Bad luck for gamblers
As on all German public holidays, shops and supermarkets are closed all day. Thinking of trying your luck on a slot machine to fund those chocolate eggs? Think again. Slot machines are also out of service during the "silent holidays." Other prohibited activities include the car wash, moving house and private jumble sales.
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Germany's dancing ban and other peculiar Good Friday prohibitions
No clowning around
In the southern German state of Bavaria, the "Tanzverbot" runs for 70 hours - from 2 a.m on Maundy Thursday until midnight on Holy Saturday. Despite relaxing the ban in 2013 (it previously began two hours earlier, at midnight before Maundy Thursday), the largely-Catholic state decided a year later that circus events should also be included under the ban.
Author: Kate Brady
How much was the plaintiff seeking?
Achatzi was seeking "a gross payment of 109 euros ($124) plus interest."
What is the situation in Germany?
In Germany, public holidays are chosen by states. Only German Unity Day on October 3 is designated a public holiday in federal law. Anyone working in Germany on a public holiday — regardless of creed or religion — is entitled to additional pay.
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What happens next?
It is now up to the Austrian judiciary to settle the case in accordance with the ECJ's ruling since Europe's top court "does not decide the dispute itself."
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