HJ v US and MU (C-531/23)

Judgment of 19 Dec 2024

law://eu/cjeu/2023/c-531-23/para_53@2026-11-13

53The existence of such a particular disadvantage may be established, for example, if it were proved that that provision, criterion or practice is to the disadvantage of a significantly greater proportion of individuals of one sex as compared with individuals of the other sex. It is for the national court to assess to what extent the statistical evidence adduced before it is valid and whether it takes into account, on the one hand, all those workers subject to the national legislation at issue and, on the other, the respective proportion of workers that are and are not affected by the alleged difference in treatment (see, to that effect, judgment of 24 February 2022, TGSS (Domestic worker unemployment), C‑389/20, EU:C:2022:120, paragraphs 41 and 43 and the case-law cited).

HJ v US and MU (C-531/23)

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