Case C-30/19: Judgment of the Court (Grand Chamber) of 15 April 2021 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Diskrimineringsombudsmannen v Braathens Regional Aviation AB (Reference for a preliminary ruling — Equal treatment between persons irrespective of racial or ethnic origin — Directive 2000/43/EC — Article 7 — Protection of rights — Article 15 — Sanctions — Action for compensation based on an allegation of discrimination — Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged — Connection between the compensation paid and the discrimination alleged — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection — National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant)
Date: 2021-04-15
Institutions: Court of Justice
Subjects: equal treatment, ethnic discrimination, indemnification, racial discrimination, right to justice








C_2021217EN.01000301.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/3






Judgment of the Court (Grand Chamber) of 15 April 2021 (request for a preliminary ruling from the Högsta domstolen — Sweden) — Diskrimineringsombudsmannen v Braathens Regional Aviation AB
(Case C-30/19) (1)

(Reference for a preliminary ruling - Equal treatment between persons irrespective of racial or ethnic origin - Directive 2000/43/EC - Article 7 - Protection of rights - Article 15 - Sanctions - Action for compensation based on an allegation of discrimination - Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged - Connection between the compensation paid and the discrimination alleged - Article 47 of the Charter of Fundamental Rights of the European Union - Right to effective judicial protection - National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant)
(2021/C 217/03)
Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings


Applicant: Diskrimineringsombudsmannen

Defendant: Braathens Regional Aviation AB

Operative part of the judgment

Articles 7 and 15 of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, read in the light of Article 47 of the Charter of Fundamental Rights of the European Union, must be interpreted as precluding a national law which prevents a court that is seised of an action for compensation based on an allegation of discrimination prohibited by that directive from examining the claim seeking a declaration of the existence of that discrimination where the defendant agrees to pay the compensation claimed without however recognising the existence of that discrimination. It is for the national court hearing a dispute between private persons to ensure, within its jurisdiction, the judicial protection for litigants flowing from Article 47 of the Charter of Fundamental Rights by disapplying as necessary any contrary provision of national law.


(1)  OJ C 103, 18.3.2019.