Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Request for a preliminary ruling from the Högsta domstolen. 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.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
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) This request for a preliminary ruling concerns the interpretation of 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 (OJ 2000 L 180, p. 22) read in the light of Article 47 of the Charter of Fundamental Rights of the European Union (‘the Charter’).
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27) The Högsta domstolen (Supreme Court) questions whether the national legislation at issue in the main proceedings complies with the requirements of Article 15 of Directive 2000/43 read in the light of Article 47 of the Charter which guarantees every person the right to an effective judicial remedy. That court questions, in that regard, whether, where a defendant acquiesces to a claimant’s claim for compensation, the court must nevertheless be able to examine – in order to ensure, in accordance with Article 7 of that directive, the protection of rights derived from it – the question of the existence of discrimination upon the request of the party who considers that he or she was subject to it, and whether the answer to that question depends on the recognition, or not, on the part of the alleged discriminator of the existence of that discrimination.
29) By its question, the referring court asks, in essence, whether Articles 7 and 15 of Directive 2000/43, read in the light of Article 47 of the Charter, must be interpreted as precluding a national law which prevents a court hearing an action for compensation based on an allegation of discrimination prohibited by that directive from examining the claim for a declaration of the existence of discrimination, where the defendant agrees to pay the compensation claimed without however recognising the existence of that discrimination.
30) As a preliminary observation, it should be noted that the purpose of Directive 2000/43, as stated in Article 1 thereof, is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the Member States the principle of equal treatment. That directive gives specific expression, in its field of application, to the principle of non-discrimination on grounds of race and ethnic origin which is enshrined in Article 21 of the Charter (judgment of 16 July 2015, CHEZ Razpredelenie Bulgaria, C‑83/14, EU:C:2015:480, paragraph 72 and the case-law cited).
33) In that regard, Article 7(1) of Directive 2000/43 provides that Member States are to ensure that judicial and/or administrative procedures for the enforcement of obligations under this Directive are available to all persons who consider themselves to have been wronged by a failure to apply the principle of equal treatment to them. In that way, that provision reaffirms the right to an effective remedy enshrined in Article 47 of the Charter.
34) Furthermore, Article 7(2) of Directive 2000/43 provides that associations, organisations or other legal entities, which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of that directive are complied with, may engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under the directive. Article 7(2) constitutes, therefore, a specific expression, in the field in question, of the right to effective judicial protection guaranteed by Article 47 of the Charter.
45) It must be held that such a national law infringes the requirements imposed by Articles 7 and 15 of Directive 2000/43, read in the light of Article 47 of the Charter.
56) However, it suffices to observe that, in the present case, compliance with EU law does not go so far as requiring the creation of a new right of action, but merely that the referring court refuse to apply a procedural rule according to which the court seised, in accordance with domestic law, of a claim for compensation brought by a person considering himself or herself to be a victim of discrimination, cannot rule on the issue of whether there had been discrimination on the sole ground that the defendant agreed to pay the claimant the amount of compensation claimed, without however recognising the existence of the said discrimination; and that this is so owing to the incompatibility of that rule not only with Articles 7 and 15 of Directive 2000/43 but also with Article 47 of the Charter.
57) In that regard, it must be recalled, first, that, as has been established in paragraph 38 of this judgment, Articles 7 and 15 of Directive 2000/43 seek to ensure the real and effective judicial protection of the right to equal treatment between persons irrespective of racial or ethnic origin derived from that directive. It follows that those articles merely give specific expression to the right to effective judicial protection, as guaranteed by Article 47 of the Charter, which is sufficient in itself and does not need to be made more specific by provisions of EU or national law to confer on individuals a right which they may rely on as such (judgment of 17 April 2018, Egenberger, C‑414/16, EU:C:2018:257, paragraphs 76 to 78).
59) Having regard to all the foregoing considerations, the answer to the question referred is that Articles 7 and 15 of Directive 2000/43, read in the light of Article 47 of the Charter, 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 by disapplying as necessary any contrary provision of national law.
