Poland referred to EJC for not complying with European gender equality legislation

19 May 2009

Poland was referred by the European Commission to the European Court of Justice (ECJ) on 14 May 2009 for non-transposition of rules prohibiting gender discrimination in access to and supply of goods and services (Directive 2004/113/EC).

This represents the third step of one of the four infringement proceedings in which Poland is involved for not complying with the European anti-discrimination legislation. In 2008, the Commission sent to Poland a "reasoned opinion" (second stage warning) whereby the Polish government was asked to take measures within two months to meet the requirements of the directive. Despite Poland replied that they were in the process of updating their legislation, after the two-month deadline no bill had been passed. That is why the European Commission is carrying on the infringement proceeding. In particular, Poland has not yet established an equality body which fulfils the provisions foreseen by the anti-discrimination directives.
Equinet has sent a letter on 7 May 2009 to the Polish Prime Minister to urge Poland to fill this gap in the legislation. The Polish government has recently drafted a bill on equal treatment which is to be passed to the Parliament shortly. With this bill Poland intends to set up an equality body.
The deadline for the Member States to comply with the directive 2004/113/EC expired in 21 December 2007. Greece and the Czech Republic were also referred to the Court of Justice by the European Commission in January 2009.