Legal provisions of COM(1996)340 - Burden of proof in cases of discrimination based on sex - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(1996)340 - Burden of proof in cases of discrimination based on sex. |
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document | COM(1996)340 ![]() |
date | December 15, 1997 |
Contents
Article 1 - Aim
Article 2 - Definitions
2. For purposes of the principle of equal treatment referred to in paragraph 1, indirect discrimination shall exist where an apparently neutral provision, criterion or practice disadvantages a substantially higher proportion of the members of one sex unless that provision, criterion or practice is appropriate and necessary and can be justified by objective factors unrelated to sex.
Article 3 - Scope
(a) the situations covered by Article 119 of the Treaty and by Directives 75/117/EEC, 76/207/EEC and, insofar as discrimination based on sex is concerned, 92/85/EEC and 96/34/EC;
(b) any civil or administrative procedure concerning the public or private sector which provides for means of redress under national law pursuant to the measures referred to in (a) with the exception of out-of-court procedures of a voluntary nature or provided for in national law.
2. This Directive shall not apply to criminal procedures, unless otherwise provided by the Member States.
Article 4 - Burden of proof
2. This Directive shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs.
3. Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.
Article 5 - Information
Article 6 - Non-regression
Article 7 - Implementation
When the Member States adopt those measures they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such references shall be laid down by the Member States.
The Member States shall communicate to the Commission, within two years of the entry into force of this Directive, all the information necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.