Goods and services (Directive 2004/113)

• Author: Davulis, Tomas
• Pages: 45-47

45

9 Goods and services (Directive 2004/113)55

9.1 General (legal) context

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

goods and services

No surveys addressing the difficulties linked to equal access to and supply of goods and

services were carried out.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

No relevant issues of discrimination in the online environment/digital market/collaborative

economy have been raised so far.

9.1.3 Political and societal debate

No significant debates can be identified as regards equal access to and supply of goods

and services.

9.2 Prohibition of direct and indirect discrimination

The EOAWM prima facie me ets the requirements of Directive 20 04/113/EC as it prohibits

any discrimination in the area of ‘consumer protection’ (Article 7 of the EOAWM). The

EOAWM only addresses relationships between consumers and salespersons, producers and

service providers, as it states that salespersons, producers and service providers m ust

apply equal payment terms or guarantees for products of the same or equ al value, goods

and services to all consumers irrespective of their sex. They also have to ensure that there

will be no humiliation, restriction of rights or granting of privileges, or the forming of any

public attitudes to the superiority of one sex over another when providi ng information on

their products, goods a nd services or when advertising them. Furthermore, the EOAWM

lists discriminatory acts such as granting different conditions of payment or guarantees

for goods of the sam e or equal value, services or products or allowing different

opportunities for selecting goods; presenting information about products, goods and

services or advertisements publicly promoting the opinion that one sex is superior to

another; discrimination against co nsumers on the ground of sex; an d inti midation of a

person who has complain ed about discrimination. There will be no direct discrimination if

the sale of goods or the provision of services to persons of a certain sex or to the majority

of persons of a certain sex is justified by a legitimate aim, provided that these restrictions

are appropriate and necessary.

9.3 Material scope

The EOAWM does not clarify whether access to goods and services is covered to the full

extent. The structural deficit lies in t he fact that due to lack of consi stency and deficits in

transposition, the la w defines differently the obligations of individuals (in Chapter II,

entitled ‘Implementation of Equal Rights for Men and Women’) and the punishable

breaches of the principle of equal treatment (in Chapter III, entitled ‘Violation of Equal

Rights of Women and Men’).

Only actions listed in Article 13 of the EOAWM (Chapter III) but not in Article 7 (Chapter

II) entail an administrative penalty. In addition, Article 7 of the EOAWM (Chapter II) does

not prohibit situations where the refusal to supply goods or to provide services is based

55 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.