Goods and services (Directive 2004/113)

AuthorVesna Simovic-Zvicer
9 Goods and services (Directive 2004/113)77
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 such reports available.
9.1.2 Specific problems of discrimination in the online environment/digital
market/collaborative economy
There is no information available on this topic.
9.1.3 Political and societal debate
There is no current debate on this topic.
9.2 Prohibition of direct and indirect discrimination
The LGE does not contain provisions on the prohibition of direct and indirect discrimination
on the grounds of sex in access to goods and services.
The LPD regulates discrimination on grounds such as sex in the provision of public and
private services and goods. Article 11 reads:
‘Discrimination in the provision of public an d private goods and services, on the
grounds of Article 2, Paragraph 2,78 shall amount to:
1) hindering or preventing the provision of goods and services;
2) a refusal to provide goods and services;
3) making the goods and services conditional upon certain terms which are not
required of other persons or groups;
4) intentionally delaying or postponing the provision of goods and services, although
the person or group of persons has requested and f ulfilled the requirements for the
timely provision of the goods and services before other persons or groups have done
The Law on the P rohibition of Discrimination against Persons with Disabilities (Article 14)
prohibits discrimination in the provision of pu blic and private goods and services, without
mentioning sex, which could be considered to be included in this context because of the
connection with other anti-discriminatory norms.
9.3 Material scope
The material scope of the Montenegrin law relating to access t o goods and services is not
more restricted than specified in Article 3 of Di rective 2004/113, as it covers goods and
There was no relevant case law in 2019.
77 See e.g. Caracciolo di Torella, Eugenia and McLellan, Bridgette (2018), Gender equality and the
collaborative economy, European network of legal experts in gender equality and non-discrimination,
available at
78 Sex is one of the grounds mentioned in Article 2.

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