CJEU: Leaving the Church Is Not an Automatic Reason for Termination
Judgment of March 17, 2026 – Case No. C-258/24
Leaving the Catholic Church in itself does not automatically justify termination. This was decided by the European Court of Justice (CJEU) in its judgment onMarch 17, 2026 (C-258/24). The key aspect is whether church membership is indeed a substantial, legitimate, and justified professional requirement. This judgment is significant for employees with church-affiliated employers, as it clearly defines the requirements for termination due to religious affiliation.
At its core, the decision navigates the tension between the right of self-determination of religious institutions and the EU law’s non-discrimination principle and the freedom of religion of the employees. The CJEU clarifies: If a person is discriminated against due to their religion or belief, it is only exceptionally permissible when the religious requirement in question is objectively necessary and proportionate for the specific job.
What exactly was the case about?
The basis was an employment law dispute in Germany: A social worker had been working for years in a pregnancy counseling center of a Catholic organization. During parental leave, she left the Catholic Church. The background included financial burdens due to the so-called special church tax, which may apply (depending on state and diocesan law) when spouses belong to different denominations. Her husband had previously left the church.
The employer requested her to rejoin. When she did not comply, she faced terminationSimultaneously, in the same institution, there were also non-Catholic employees (e.g., Protestant) employed in comparable functions — without it being objected to.
Procedure: Protection against dismissal lawsuit and submission to the ECJ
The employee filed a lawsuit for protection against dismissal and had already been proven right before the German instance courts. The Federal Labor Court (BAG) saw indications of religious-based unequal treatment and submitted questions to the ECJ regarding the interpretation of
- the Equal Treatment Directive 2000/78/EC (prohibition of discrimination, among others, based on religion/belief) as well as
- the EU Charter of Fundamental Rights (particularly freedom of religion and equal treatment)
.
The ECJ confirmed in its decision that the dismissal could be problematic under Union law if church membership does not meet the necessary criteria for the specific activity.
Guideline of the ECJ: Judicial review despite church self-determination right
The ECJ initially emphasized that church employers may fundamentally require loyalty to their religious ethos. This right of self-determination is recognized by Union law. However, it is not without limits: National courts must check whether a requirement like church membership or the prohibition of church withdrawal is, in the specific case,
- essential (actually necessary for the task),
- legal (compatible with Union law), and
- justified (particularly proportionate)
.
This makes it clear: What matters is not a general church order “in the abstract,” but the actual activity and the circumstances in the establishment.
Why leaving the church is not sufficient here automatically
1) The significance of church membership is questionable if the employer itself employs staff of other faiths
A particularly important argument from the CJEU: If the employer itself employs individualswithout Catholic denomination in the same function, this strongly suggests that Catholic church membership for this positionis truly required is.
2) Leaving the church does not necessarily mean turning away from values or breach of duty
The CJEU also clarified that leaving the church does not automatically mean that the affected person disrespects the values or no longer wants to fulfill their contractual obligations. A dismissal cannot therefore be schematically linked solely to leaving, but requires aconcrete, proportional consideration.
3) Balancing and proportionality
Even if a breach of church loyalty is assumed, courts must examine whether a dismissalis the least severe suitable means is. Depending on the individual case, a warning, reassignment, or adjustments in the area of responsibility may be considered – where practically possible and reasonable.
What happens next?
Following the CJEU ruling, the matter is with theFederal Labour Court. This court must finally assess, based on the CJEU guidelines, whether the dismissal in the specific case is effective. The CJEU typically does not decide “instead” of the national court on dismissal validity in such scenarios, but sets theinterpretation framework for national law.
Significance for practice and employees in church institutions
The decision has far-reaching practical implications:
- No automatic process: Leaving the church is not a termination reason per se.
- Relevance to the job is crucial: The less the job involves proclamation or representation, the harder it is to justify church membership as a duty.
- Burden of proof in practice: Church employers must specifically explain why the denomination is a critical requirement for this particular position. General references to the church ethos are often not sufficient.
- Equal treatment within the company: If individuals in similar positions are without confession or of other faiths, it regularly becomes more challenging to justify the necessity of church membership.
At the same time, there remains room for constellations in which church membership can still be legitimately required – particularly in activities with a strong religious core area reference (e.g., proclamation, religious instruction, liturgical tasks, or prominent representative functions). Whether this applies is always a matter of individual case.
Legal Notice (for warning security / classification)
This post is for general information purposes and does not replace an individual review of a specific case. The presentation is based on the mentioned ECJ judgment (C-258/24) and describes its essential guidelines in a summarized form.
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