Patrick Kelly v National University of Ireland (University College, Dublin) (C-104/10)

Judgment of 21 Jul 2011

law://eu/cjeu/2010/c-104-10/para_34@2026-11-13

34Thus, although Article 4(1) of that directive does not specifically entitle persons who consider themselves wronged because the principle of equal treatment has not been correctly applied to them to information in order that they may establish ‘facts from which it may be presumed that there has been direct or indirect discrimination’ in accordance with that provision, the fact remains that it cannot be excluded 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 and thus depriving that provision in particular of its effectiveness.

Patrick Kelly v National University of Ireland (University College, Dublin) (C-104/10)

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