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Case C-356/21: Request for a preliminary ruling from the Sąd Rejonowy dla m. st. Warszawy w Warszawie (Poland) lodged on 7 June 2021 — J.K. v TP S.A.
ECLI:EU:UNKNOWN:62021CN0356
62021CN0356
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27.9.2021
EN
Official Journal of the European Union
C 391/5
(Case C-356/21)
(2021/C 391/08)
Language of the case: Polish
Referring court
Parties to the main proceedings
Applicant: J.K.
Defendant: TP S.A.
Question referred
Must 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 (1) be construed as permitting the exclusion from the scope of Council Directive 2000/78/EC, and consequently also as permitting the exclusion from the application of the sanctions laid down in national law pursuant to Article 17 of Council Directive 2000/78/EC, of the freedom of choice of parties to a contract so long as that choice is not based on sex, race, ethnic origin or nationality, in a situation where the alleged discrimination consists in a refusal to enter into a civil-law contract under which work is to be carried out by a self-employed natural person when that refusal is based on the sexual orientation of the prospective counterparty?
(1) OJ 2000 L 303, p. 16.
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