Goods and services (Directive 2004/113)

AuthorNicole Mathé
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 experts 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)
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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT