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Case C-356/21: Judgment of the Court (Second Chamber) of 12 January 2023 (request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie — Poland) — J.K. v TP S.A. (Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 3(1)(a) and (c) — Conditions for access to self-employment — Employment and working conditions — Prohibition of discrimination based on sexual orientation — Self-employed person working on the basis of a contract for specific work — Termination and non-renewal of contract — Freedom to choose a contracting party)
ECLI:EU:UNKNOWN:62021CA0356
62021CA0356
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27.2.2023
Official Journal of the European Union
C 71/9
(Case C-356/21) (*)
(Reference for a preliminary ruling - Equal treatment in employment and occupation - Directive 2000/78/EC - Article 3(1)(a) and (c) - Conditions for access to self-employment - Employment and working conditions - Prohibition of discrimination based on sexual orientation - Self-employed person working on the basis of a contract for specific work - Termination and non-renewal of contract - Freedom to choose a contracting party)
(2023/C 71/10)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: J.K.
Defendant: TP S.A.
Intervening party: PTPA
Operative part of the judgment
Article 3(1)(a) and (c) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation
must be interpreted as precluding national legislation which has the effect of excluding, on the basis of the freedom of choice of contracting parties, from the protection against discrimination to be conferred by that directive, the refusal, based on the sexual orientation of a person, to conclude or renew with that person a contract concerning the performance of specific work by that person in the context of the pursuit of a self-employed activity.
(*)
Language of the case: Polish.
* * *