The EUCJ Ruling in Katolische Schwangerschaftsberatung v. JB and Its Impact on Ecclesiastical Labor Law in Germany

Judith Hahn is Professor of Canon Law at the University of Bonn and McDonald Distinguished Senior Fellow at the Center for the Study of Law and Religion at Emory University.

On 17 March 2026, the European Court of Justice (CJEU) issued a judgment regarding Catholic institutions in Germany and their employment relationships, in Katholische Schwangerschaftsberatung v. JB. The ruling established that a Catholic employer, in this case a pregnancy counseling office at Caritas, cannot terminate a contract of employment solely on the basis of the employee’s leaving the Catholic Church. The Court determined that such a dismissal constitutes unequal treatment, unless the employee’s church membership is a genuine, legitimate, and necessary requirement for the specific occupation. While acknowledging the right of churches to self-determination in employment matters, the CJEU determined the dismissal to be unlawful, as the employer did not generally require staff to be Catholic and had employed non-Catholics in similar roles.

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