On December 18, 2014, the Court of Justice of the European Union (the Court) ruled in Fag og Arbejde v. Kommunernes Landsforening that under certain conditions, obesity may fall within the concept of “disability” within the meaning of the European Union Employment Equality Directive (the Directive).  According to the press release, the Court determined that no EU treaties or legislation explicitly prohibit discrimination on the basis of obesity, and consequently held that, “in the area of employment and occupation, EU law does not lay down a general principle of non-discrimination on grounds of obesity as such.”  However, on the question of whether obesity could constitute a “disability” under the Directive, the Court found “that if, under given circumstances, the obesity of the worker entails a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of that person in professional life on an equal basis with other workers, and the limitation is a long-term one, such obesity can fall within the concept of ‘disability’ within the meaning of the directive.”  The Court determined that it is a question for the national court in Denmark, which submitted the case, to determine if this particular case fits within the definition of “disability.”