May a Roman Catholic hospital dismiss a Roman Catholic employee for divorce and remarriage?: IR v JQ

Advocate General Wathelet has issued his Opinion in IR (Social policy – Occupational activities of churches – Opinion) [2018] EUECJ C-68/17 O.

The facts

The Roman Catholic Church in Germany requires that Church managerial employees such as doctors who are Heads of Department in hospitals must comply with the Church’s doctrinal and moral teaching in their personal conduct. JQ, a Roman Catholic, was Head of the Internal Medicine Department of a Roman Catholic hospital in Düsseldorf managed by IR, a limited liability company established under German law and subject to the supervision of the Archbishop of Cologne. JQ divorced his first wife and remarried in a civil ceremony but without a prior annulment – and he was sacked. Continue reading