17 July

LAVORO

Vaccination requirement in the workplace: according to the CJEU, employers may require vaccination for staff exposed to biological risk

17/07/2025, Milan

With judgment of 12 June 2025 (Case C-219/24), the Court of Justice of the European Union (CJEU) clarified that a vaccination requirement imposed by national legislation does not conflict with EU law. The Court also specified that occupational health and safety standards set by Member States may be stricter than those provided by EU directives.

Following the declaration of a global pandemic by the World Health Organization due to the spread of the SARS-CoV-2 virus, the City of Tallinn updated its workplace risk assessment. Among other measures, it introduced mandatory vaccination for its employees in order to reduce the risk of SARS-CoV-2 transmission.

The CJEU was asked whether vaccination should be considered a health and safety requirement at work or a unilateral measure by the employer in a context characterized by the absence of national legislation defining the sectors of activity or professions for which vaccination against the SARS-CoV-2 virus is mandatory.

In answering the question, the CJEU clarified that Estonia’s vaccination requirement did not constitute an implementation of EU law. The CJEU concluded that Directives 89/391/EEC and 2000/54/EC, referred to in the reference for a preliminary ruling, must be interpreted as not precluding national legislation allowing an employer to require employees with whom it has entered into a contract to be vaccinated, provided they are exposed to a biological risk.