Goods and services (Directive 2004/113)

• Author: Pavlou, Vera
• Pages: 37-38

37

9 Goods and services (Directive 2004/113)24

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 recent surveys or reports concerning equal access to goods and services.

9.1.2 Specific problems of discrimination in the online environment/digital

market/collaborative economy

Issues of discrimination concerning access to a nd supply of goods in the digital economy

have not attracted any attention in Cyprus.

9.1.3 Political and societal debate

Issues of discrimination concerning access to and supply of goods in the digital economy

have not attracted any attention in Cyprus.

9.2 Prohibition of direct and indirect discrimination

Law 18(I)/2008, which implements Directive 2004/113, prohibits direct and indirect

discrimination (Article 5).

9.3 Material scope

Article 4 of Law 18(I)/2008 is a direct translation of Article 3 of Directive 2004/11 3.

9.4 Exceptions

Because Article 4 of Law 18(I)/2008 is a direct translation of Article 3 of Directive

2004/113, the exception s regarding the content of media, advertising and education are

also transposed into national law.

9.5 Justification of differences in treatment

Article 4(5) of Directive 2004/113 is copied in the national implementing measure under

Article 5(3) but there is no related case law.

9.6 Actuarial factors

Article 7(1) of Law 18 (I)/2008 provides that all new contracts concluded after 21

December 2007 must not give rise to differences between individua ls’ premiums and

benefits.

9.7 Interpretation of exception contained in Article 5(2) of Directive 2004/113

Law 18(I)/2008 was amended to comply with the interpretation by the CJEU in Test-

Achats. Currently Article 7(2) of Law 18(I)/2008 prohibits discrimination on the ground of

sex in insurance contracts that lead to differences in the calcula tion of premiums and

benefits; it applies to all new insurance contracts from 21 December 2012.

24 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.