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Judgement date :12/01/2023
This case of the Court of Justice of the EU (CJEU) concerns EU anti-discrimination law and whether it applies only to employment contracts or also to other types of employment relationship such as self-employment. The CJEU found that a self-employed person is protected by the framework directive on equal treatment in employment and occupation - Directive 2000/78/EC.
The facts of the case concern J.K., an audio-visual editor who had been working as a freelancer for a Polish public television station (Telewizja Polska – TP) for 7 years. TP put an end to their collaboration after J.K. posted a video on YouTube together with his partner aimed at promoting tolerance towards same-sex couples.
In its judgement, the CJEU looked into the nature of the relationship and whether the activities were genuine and pursued in the context of a legal relationship characterised by a degree of stability [para. 45].
The CJEU found that indeed the activity pursued by the applicant satisfied these criteria and thus that contracts such as the one in the present case fall within the scope of the Directive within the meaning of conditions for access’ to self-employment [paras 47 - 50].
The judgement was delivered following the opinion of Advocate General Ćapeta delivered on 8 September 2022 which can be found here and in the documents section below.
For further analysis please refer to the recent article published by Social Europe which can be found here as well as in the documents section below.