Belgium / Court of First Instance of Antwerp / No. AN56.LB.48751-12

Country

Belgium

Title

Belgium / Court of First Instance of Antwerp / No. AN56.LB.48751-12

View full Case

Year

2014

Decision/ruling/judgment date

Thursday, June 26, 2014

Incident(s) concerned/related

Discrimination

Related Bias motivation

Race/Ethnicity

Groups affected

EU citizens & nationals with migrant background

Court/Body type

National Court

Court/Body

Court of First Instance of Antwerp (Rechtbank van eerste aanleg van Antwerpen/Tribunal de première instance de Anvers)

Key facts of the case

The case concerns a suspended punishment for racism and discrimination. A couple had been refused to rent a property by a real estate agency because of their origin (which was evident from their names). According to the couple, this was explicitly mentioned to them by a staff member of the agency. The agency manager denied the accusations. He argued that the apartment was rented to someone else who was on a waiting list. However, the existence of a waiting list could not be confirmed and the Court did not accept it as an argument.

Main reasoning/argumentation

The court considered the acts committed to be serious, and considered that cause individuals to feel as inferior citizens.
The court observed that the accused had been willing to participate in mediation with the victims of the racist act. In this context, the accused had provided statements indicating that discrimination is not acceptable. The court took this into account and decided to impose a suspended punishment under certain conditions.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

No new interpretations or explanations.

Results (sanctions, outcome) and key consequences or implications of the case

The court decided to impose a suspended punishment under certain conditions because the parties had participated in mediation. The suspended punishment, for a period of 3 years, consisted of a monetary penalty of 4,200 EUR.

Key quotation in original language and its unofficial translation into English with reference details

"De feiten zijn ernstig. Onze maatschappij bestaat uit vele individuen van verschillende origines die verder samen een toekomst moeten uitbouwen. Onze maatschappij heeft dan ook nood aan verzoenende en samenlevingsopbouwende initiatieven. Daden die ertoe leiden dat bepaalde personen zich als minderwaardige burgers behandeld voelen, brengen ernstig leed teweeg bij de betrokkenen, bemoeilijken het samenleven van de verschillende gemeenschappen, en brengen ernstige schade toe aan het vaak nog broze evenwicht tussen de verschillende groepen."

"The facts are serious. Our society consists of many individuals of different origins who need to build a future together. Our society therefore needs reconciling, constructive initiatives. Acts leading to a situation where certain individuals feel treated as inferior citizens cause severe suffering, hinder the coexistence of the different communities, and cause serious harm to the still often delicate balance between different groups."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.