Decisions: Темелни права - Еднаквост - Антидискриминација

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 C-824/19 - Komisia za zashtita ot diskriminatsia

  •  21 October 2021
  •  ECLI:  ECLI:EU:C:2021:862
  •  EU
  •  Court
  •  Court decision

In a request for a preliminary ruling under Article 267 TFEU, the Supreme Administrative Court of Bulgaria asked ECJ to determine whether it is permissible for a person without the ability to see to be able to work as a juror and participate in criminal proceedings, or is the specific disability of a permanently blind person a characteristic which constitutes a genuine and determining requirement of the activity of a juror, the existence of which justifies a difference of treatment and does not constitute discrimination based on the characteristic of “disability”. ECJ interpreted Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation in light of Articles 21 and 26 of the Charter of Fundamental Rights of the European Union, thus establishing that it is precluded that a blind person be totally deprived of any possibility of performing the duties of a juror in criminal proceedings.

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 C-94/20 - Land Oberösterreich (Aide au logement)

  •  10 June 2021
  •  ECLI:  ECLI:EU:C:2021:477
  •  EU
  •  Court
  •  Court decision

In a request for a preliminary ruling under Article 267 TFEU, the Regional Court in Linz, Austria asked the ECJ to interpret Article 11 of Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents, Article 2 of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin and Article 21 of the Charter of Fundamental Rights of the European Union. ECJ responded where use has been made of the option to apply the derogation provided for in Article 11(4) of Directive 2003/109, Article 21 of the Charter is not intended to apply to legislation of a Member State under which the grant of housing assistance to third-country nationals who are long-term residents is subject to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State, if that housing assistance does not constitute a ‘core benefit’ within the meaning of Article 11(4) of that directive. If the housing assistance in question does constitute such a core benefit, Article 21 of the Charter, in so far as it prohibits any discrimination based on ethnic origin, does not preclude such legislation.

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 C-441/14 - DI

  •  19 April 2016
  •  ECLI:  ECLI:EU:C:2016:278
  •  EU
  •  Court
  •  Court decision

In a request for a preliminary ruling under Article 267 TFEU, the Supreme Court of Denmark asked ECJ to determine if the general EU law principle prohibiting discrimination on grounds of age preclude legislation which deprives an employee of entitlement to a severance allowance where the employee is entitled to claim an old-age pension from the employer under a pension scheme which the employee joined before reaching the age of 50, regardless of whether the employee chooses to remain on the employment market or take his retirement. The ECJ responded positively to this question, establishing that it derives from the Court’s case-law that the principle of non-discrimination enshrined in Article 21 of the Charter of Fundamental Rights of the European Union, must be regarded as a general principle of EU law.

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