Concepts of direct and indirect racial discrimination, definition of the ground of racial and ethnic ground of discrimination
CHEZ Razpredelenie Bulgaria Case C-83/14
The case examined the circumstances in which a claim of racial discrimination can be established where public statements are made but there is no identifiable complainant.
Facts:
The complainant lodged a claim to the Bulgarian equality body (Commission for Protection against Discrimination) stating that the electricity meters were placed much higher than in other areas of her city. She claimed that it was due to the fact that the district was inhabited mainly by persons of Roma origin. She was unable to check her electricity meter for the purpose of monitoring her consumption and making sure that the bills sent to her, which in her view overcharged her, were correct. She accused the company of direct discrimination based on nationality. What is important, the complainant explicitly stated that she is of Bulgarian ethnic origin and she does not define herself as being of Roma origin.
Findings of court:
The court found that supply of electricity is covered by Race Directive 2000/43. The installation of electricity meters at an inaccessible height in a district densely populated by Roma is liable to constitute discrimination on the grounds of ethnic origin when such meters are installed in other districts at a normal height. Also, the court provided the concept of ethnicity which is the idea of societal groups marked in particular by common nationality, religious faith, language, cultural and traditional origins and backgrounds. The court stated that this definition applies also to the Roma community.
Implications:
The court ruled that the principle of equal treatment applies not only to persons who have a certain ethnic origin, but also to those who, although are not themselves a member of the ethnic group concerned, suffer, together with the former, less favourable treatment or a particular disadvantage on account of a discriminatory measure.
Also, the court provided an interpretation on the meaning of the racial direct and indirect discrimination. If the certain behavior which leads to a difference in treatment was introduced for reasons motivated by race or ethnic origin, that must be identified as “direct discrimination”. However, the situation must assessed differently in relation to “indirect discrimination” on grounds of racial or ethnic origin. It does not require the behavior to be motivated by discriminatory reasons.