Asociatia Accept v Consiliul National Pentru Combaterea Discriminarii: ECJ 25 Apr 2013

ECJ Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2(2)(a), 10(1) and 17 – Prohibition of discrimination on grounds of sexual orientation – Concept of ‘facts from which it may be presumed that there has been discrimination’ – Modified burden of proof – Effective, proportionate and dissuasive sanctions – Person presenting himself and being perceived by public opinion as playing a leading role in a professional football club – Public statements ruling out the recruitment of a footballer presented as being homosexual
A claim was made for discrimination arising out of a statement by a football club’s shareholder and banker that he would not employ a gay football player.
Held: The club could be liable for this statement.
Ilesic P
C-81/12, [2013] EUECJ C-81/12, [2013] 3 CMLR 26, [2013] ICR 938, [2013] WLR (D) 153, [2013] All ER (EC) 857, [2013] Eq LR 640, [2013] IRLR 660
Bailii, WLRD
Directive 2000/78/EC
Cited by:
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Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.503484