Judgment_paragraph 36 · Galina Meister v Speech Design Carrier Systems GmbH (C-415/10)

36Interpreting Article 4(1) of Directive 97/80 in Kelly, the Court held in paragraph 30 of the judgment that it is the person who considers himself to have been wronged because the principle of equal treatment has not been applied to him who must initially establish the facts from which it may be presumed that there has been direct or indirect discrimination. It is only where that person has established such facts that it is then for the defendant to prove that there has been no breach of the principle of non-discrimination.

Galina Meister v Speech Design Carrier Systems GmbH (C-415/10)

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