The ECJ held that the installation of an electricity meter as an ancillary item inseparably linked to the supply of electricity falls within the scope of Article 3(1)(h) of Directive 2000/43 and is subject to the principle of equal treatment. The EU-Directive 2000/43/EC describes the prohibition of discrimination on grounds of race and ethnic origin inter alia concerning access to and supply of public goods and services. The ECJ also ruled that Articles 1 and 2 I of the Directive are to be interpreted in such a way that it is irrelevant whether the plaintiff themself is the bearer of the characteristic, insofar as there is direct or indirect discrimination on the basis of origin, as here by the height of the electricity meters, and the plaintiff is therefore also disadvantaged herself. In this respect, the Directive encompasses both direct and indirect associated discrimination. In the case at hand, the ECJ referred the question of which of the two was present back to the national court and made it dependent on whether there was intentional discrimination by the electricity provider. In such a case, it would be direct discrimination, otherwise it would be indirect discrimination. The full interpretation of CHEZ v Komisia C-83/14 by the European Court of Justice can be found here. |
