Thu. Sep 19th, 2024
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Urteil des EU-Gerichtshofs in der Rechtssache C-356/21 TP (Redakteur beim staatlichen polnischen Fernsehen)
12 January 2023
Donnerstag, 12. Januar 2023
Urteil des Gerichtshofs in der Rechtssache C-356/21 TP (Audiovisueller Editor beim öffentlich-rechtlichen Fernsehen)
Verbot der Diskriminierung aufgrund der sexuellen Ausrichtung
Ein freier Mitarbeiter eines polnischen öffentlichen Fernsehsenders erbrachte für diesen sieben Jahre lang Redaktionsleistungen aufgrund kurzfristiger, unmittelbar aufeinander folgender Verträge. Im Dezember 2017 veröffentlichten er und sein Partner auf YouTube ein Weihnachtsmusikvideo, das für Toleranz gegenüber gleichgeschlechtlichen Paaren warb. Kurz nach Veröffentlichung dieses Videos teilte der Fernsehsender ihm mit, dass sein laufender Vertrag beendet worden sei und kein neuer Vertrag geschlossen werde.
Der Betroffene nahm an, dass der Fernsehsender diese Entscheidung wegen seiner sexuellen Ausrichtung getroffen habe, und erhob bei einem polnischen Gericht Klage auf Schadensersatz. Das polnische Gericht hat den Gerichtshof im Wesentlichen gefragt, ob auf solch einen Fall die Rahmenrichtlinie für die Verwirklichung der Gleichbehandlung in Beschäftigung und Beruf anwendbar ist und folglich polnischen Rechtsvorschriften entgegensteht, die es gestatten, den Abschluss eines Vertrags mit einem Selbständigen wegen dessen sexueller Ausrichtung abzulehnen.
Generalanwältin Ćapeta hat in ihren Schlussanträgen vom 8. September 2022 die Ansicht vertreten, dass der Abschluss eines Vertrags mit einem Selbständigen nicht wegen der sexuellen Ausrichtung abgelehnt werden dürfe. Die freie Wahl des Vertragspartners könne nicht geltend gemacht werden, um eine Diskriminierung wegen der sexuellen Ausrichtung zu rechtfertigen (siehe Pressemitteilung Nr. 145/22).
Details
- Date:
- 12 January 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-356/21 TP, Poland, TVP
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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