A Landmark Judgment of the Court of Justice of the EU – New Conceptual Contributions to the Legal Combat against Ethnic Discrimination

Friday, 2 October, 2015

From the Abstract: 

On 16 July 2015, the Court of Justice of the European Union (CJEU) delivered its judgment in CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia. The importance of this judgment, delivered by the Grand Chamber, can hardly be overestimated. The curious factual background will certainly mean that the case will be remembered by future generations of European Union (EU) law students. However, the odd situation addressed by the judgment is only the starting point. The judgment offers new perspectives on the interpretation of Directive 2000/43/EC3 in at least four areas: i) outlining the Directive’s personal scope of application; ii) clarifying certain aspects of its material scope; iii) bringing new perspectives to the perennial dilemma of distinguishing between direct and indirect discrimination; and iv) detecting problems with the conformity of several national legal provisions with EU anti-discrimination law.

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