Decisions: Темелни права - Еднаквост - Антидискриминација

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.

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.

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.

In a request for a preliminary ruling under Article 267 TFEU, the Administrative Court in Strasbourg, France asked the CJEU to interpret point 2.1 of Annex III to Commission Directive 2004/33/EC implementing Directive 2002/98/EC as regards certain technical requirements for blood and blood components. In order to respect the principles of equal treatment and non-discrimination, the Court declared that it is for the Administrative Court to determine whether there is a high risk of transmitting severe infectious diseases by blood when a man has had sexual relations with another man, taking into account current medical, scientific, and epidemiological knowledge. If it is determined that such a risk is reasonably present, the Administrative Court must determine whether, and under what conditions, a permanent deferral from blood donation is compatible with fundamental EU rights.

In a request for a preliminary ruling under Article 267 TFEU, the Landesarbeitsgericht in Düsseldorf, Germany asked the CJEU to interpret the principle of non-discrimination on grounds of age and of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation. The Court declared that the principle of non-discrimination on grounds of age precludes national legislation which provides that periods of employment completed by an employee before reaching the age of 25 are not taken into account in calculating the notice period for dismissal.