# C_2016068EN.01002301.xml

| 22.2.2016 | EN | Official Journal of the European Union | C 68/23 |
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22.2.2016

EN

Official Journal of the European Union

C 68/23

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Request for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 14 December 2015 — Jyske Finans A/S v Ligebehandlingsnævnet, acting on behalf of Ismar Huskic

(Case C-668/15)

(2016/C 068/31)

Language of the case: Danish

Referring court

Referring court

Vestre Landsret

Parties to the main proceedings

Parties to the main proceedings

Applicant: Jyske Finans A/S

Applicant:

Defendant: Ligebehandlingsnævnet, acting on behalf of Ismar Huskic

Defendant:

Questions referred

Questions referred

| 1. | Must the prohibition on direct discrimination on grounds of ethnic origin in Article 2(2)(a) of Council Directive 2000/43/EC (1) of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin be interpreted as precluding a practice such as the one in the present case, by which persons in an equivalent situation who are born outside the Nordic countries, a Member State, Switzerland and Liechtenstein are treated less favourably than persons born in the Nordic countries, a Member State, Switzerland and Liechtenstein? |
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1.

Must the prohibition on direct discrimination on grounds of ethnic origin in Article 2(2)(a) of Council Directive 2000/43/EC (1) of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin be interpreted as precluding a practice such as the one in the present case, by which persons in an equivalent situation who are born outside the Nordic countries, a Member State, Switzerland and Liechtenstein are treated less favourably than persons born in the Nordic countries, a Member State, Switzerland and Liechtenstein?

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| 2. | If the first question is answered in the negative: does such a practice thus give rise to indirect discrimination on grounds of ethnic origin within the meaning of Article 2(2)(b) of Council Directive 2000/43/EC — unless it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary? |
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2.

If the first question is answered in the negative: does such a practice thus give rise to indirect discrimination on grounds of ethnic origin within the meaning of Article 2(2)(b) of Council Directive 2000/43/EC — unless it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary?

| 3. | If the second question is answered in the affirmative, can such a practice in principle be justified as an appropriate and necessary means for safeguarding the enhanced customer due diligence measures provided for in Article 13 of Directive 2005/60/EC (2) of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing? |
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3.

If the second question is answered in the affirmative, can such a practice in principle be justified as an appropriate and necessary means for safeguarding the enhanced customer due diligence measures provided for in Article 13 of Directive 2005/60/EC (2) of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing?

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(1)  OJ 2000 L 180, p. 22.

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(2)  OJ 2005 L 309, p. 15.

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