Goods and services (Directive 2004/113)

• Author: Nicole Mathé
• Pages: 32-33

32

9 Goods and services (Directive 2004/113)18

9.1 General (legal) context

9.1.1 Surveys and reports about the difficulties linked to equal access to and sup ply of

goods and services

In Liechtenstein no reports have been published that provide insights into difficulties that

men and women may face in terms of equal access to and supply of goods and services.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

To the expert’s knowledge no specific problems have emerged c oncerning the topic.

9.1.3 Political and societal debate

There is very little debate on this topic.

9.2 Prohibition of direct and indirect discrimination

Directive 2004/113 has been transposed into national legislation b y amendment of the

GLG which entered into force on 8 June 2011. According to Article 4(a)(1) GLG, direct and

indirect discrimination on grounds of sex in the access to goods and services is prohibited,

as well as ha rassment and sexual haras sment and the instruction t o do this (Article 4(b)

GLG).

9.3 Material scope

The material scope of Article 4(a) GLG corresponds to the scope of Article 3 of Directive

2004/113. The wording is copied literally from Directive 2004/113 into national law. There

is no case law on the topic.

9.4 Exceptions

Article 4(a)(4)(b) and (c) GLG provides for the exceptions from the material scope as

specified in Article 3(3) of Directive 2004/113. The contents of media and advertising and

the field of education are therefore excluded from the prohibition of discrimin ation.

9.5 Justification of differences in treatment

Article 4(a)(5)(b) GLG stipulates that no discrimination exists if the provision of goods and

services exclusively or primarily to members of one sex is justified by a legitimate aim and

the means of achieving that aim are appropriate and n ecessary. There is no case law on

this topic.

9.6 Actuarial factors

National law does not ensure the content of Article 5(1) of Directive 2004/113 explicitly

but recognises it imp licitly by regulating the specific exceptions of A rticle 5(2) and (3) of

Directive 2004/113 in the GLG. Differences are still allowed except when costs are related

to pregnancy and maternity.

18 See e.g. Caracciolo di Torella, E. and McLellan, B. (2018), Gender equality and the collaborative economy,

European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4573-gender-equality-and-the-collaborative-economy-pdf-721-kb.