Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/21/2011

Subject: The Court states that Directive 97/80/EC, on the burden of proof in cases of discrimination based on sex, must be interpreted as meaning that it does not entitle an applicant for vocational training, who believes that his application was not accepted because of an infringement of the principle of equal treatment, to information held by the course provider on the qualifications of the other applicants for the course in question, in order that he may establish facts from which it may be presumed that there has been direct or indirect discrimination. Nevertheless, it cannot be ruled out that a refusal of disclosure by the defendant, in the context of establishing such facts, could risk compromising the achievement of the objective pursued by that directive It is for the national court to ascertain whether that is the case in the main proceedings. Where an applicant for vocational training can rely on Directive 97/80 in order to obtain access to information, that entitlement to access can be affected by rules of European Union law relating to confidentiality. Not even Directive 76/207/EEC, on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions must be interpreted as meaning that it does not entitle an applicant for vocational training to information held by the course provider on the qualifications of the other applicants for the course in question, either because he believes that he has been denied access to vocational training on the basis of the same criteria as the other candidates or because that applicant complains that he was discriminated against on the grounds of sex.

Parties: Kelly

Classification: Freedoms - Art. 8 Personal data: access - Equality - Art. 21 Non discrimination

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