Diskrimineringsombudsmannen v. Braathens Regional Aviation AB, Case C-30/19, CJEU, 15 April 2021

Appeal concerning national procedural rules that prevent the judge hearing the appeal from ruling on the existence of the alleged discrimination despite the plaintiff's express request. Discrimination based on race and ethnic origin.

Council Directive 2000/43 / EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin.

Art.  47 of the Charter of Fundamental Rights of the European Union.

 Art. 7 of Directive 2000/43 must be interpreted in such a way that any person who considers himself a victim of discrimination based on race (or ethnic origin) must be able to obtain from the judge a ruling on a possible infringement of these rights, if the defendant does not recognise the alleged discrimination. Therefore, the national legislation that prevents the judge from ruling on the existence of such discrimination is in contrast with both the compensatory function and the dissuasive function which the sanctions provided for by the Member States must be provided under art 15 of directive 2000/43. In fact, the obligation to pay a sum of money cannot guarantee a truly dissuasive effect on the perpetrator of discrimination where the defendant contests the existence of any discrimination, but considers more advantageous, in terms of costs and image, to pay the compensation requested by the appellant.

(The commander of a Swedish flight decided to subject a passenger of Chilean origin residing in Sweden to an additional security check. Acting on behalf of this passenger, who believed he was discriminated against for reasons related to his physical appearance and ethnicity, the Mediator of Discrimination asked the Stockholm Local Court to convict  the airline to pay the passenger a compensation for discrimination).