Judgment_paragraph 63 · IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation e.V (C-184/22)

63In that regard, it should be recalled that, as the Advocate General states in points 36 to 40 of his Opinion, neither the definition of the concept of ‘indirect discrimination’, set out in Article 2(1)(b) of Directive 2006/54, which is moreover worded in the same terms as that contained in the second indent of Article 1(2) of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council 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 (OJ 2002 L 269, p. 15), nor the other provisions of Directive 2006/54 make any reference to quantitative elements in the examination of indirect discrimination. That definition adopts a qualitative approach according to which it is important to ascertain whether the national measure at issue is liable, by its very nature, to put persons of one sex ‘at a particular disadvantage’ compared with persons of the other sex. It follows that the national court must examine all the relevant factors of a qualitative nature in order to determine whether such a disadvantage exists, taking into consideration all the workers subject to the national legislation on which the difference in treatment in question is based.

IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation e.V (C-184/22)

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