Goods and services (Directive 2004/113)

• Author: Nicole Kerschen
• Pages: 50-51

50

9 Goods and services (Directive 2004/113)95

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

There are no surveys or reports about the difficulties linked to equal access to and supply

of goods and services.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

See under 9.1.3.

9.1.3 Political and societal debate

In particular, it was mentioned in the National Plan on Gender Equality 2015 -2018, that

according to the new legislation:

‘the representation of women and men in video ga mes, songs and advertising in

particular and in the media in general (newspapers, TV, radio, etc.) will be analysed

and observed in ord er to raise public awareness of the consequ ences of an

unbalanced, even discriminatory or manipulative representation and to obtain a

greater neutrality in gender representation (including advertisements for toys) ’.96

9.2 Prohibition of direct and indirect discrimination

The Law of 21 December 2007 implemented Directive 2004/113/EC.97 Direct and indirect

discrimination on grounds of sex in access to goods and services are prohibited by

Article 2, which states that ‘any direct or indirect discrimination based on gender, including

a less favourable treatment of women due to pregnancy or maternity, i s prohibited’.

9.3 Material scope

According to Article 3(1), the law applies to all persons who provide goods and services,

which are available to the public irrespective of the person concerned as regards both the

public and private sectors, including public bodies.

According to Article 3(2), the law does not apply to goods and services which are offered

in the area of private and family life and the transactions carried out in th is context.

9.4 Exceptions

There are no more restrictions regarding t he content of media, advertising and education

since the Law of 19 June 201298 amended Article 3(4) of the Law of 21 December 2007.

Media, advertising and education are no longer excluded from the scope of the legislation.

95 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.

96 NAP on equality 2015-2018 p. 6 (MEGA 2015).

97 http://www.legilux.public.lu/leg/a/archives/2007/0232/a232.pdf.

98 Memorial A No. 137 of 5 July 2012. Website: http://data.legilux.public.lu/file/eli-etat-leg-memorial-2012-

137-fr-pdf.pdf.