03 Fév Reference for a preliminary ruling – Equal treatment in employment and occupation…
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party.
ECJ, 12 January 2023, Case C 356/21, J.K. v TP S.A.
https://curia.europa.eu/juris/document/document.jsf?text=&docid=269149&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=5020
Article 3(1)(a) and (c) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation :
– must be interpreted as precluding national legislation which has the effect of excluding, on the basis of the freedom of choice of contracting parties, from the protection against discrimination to be conferred by that directive, the refusal, based on the sexual orientation of a person, to conclude or renew with that person a contract concerning the performance of specific work by that person in the context of the pursuit of a self-employed activity.
