Latest developments in 2019

• Author: Justesen, Pia
• Pages: 93-102

93

12 LATEST DEVELOPMENTS IN 2019

12.1 Legislative amendments

There have been no legislative amendments in 2019.

12.2 Case law

Race, ethnic and national origin

Name of the court: Board of Equal Treatment

Date of decision: 30 January 2019

Reference number: Decision No. 9104

Address of the webpage:

https://www.retsinformation.dk/Forms/R0710.aspx?id=207003

Brief summary: The case dealt with a man with a Turkish- sounding name who wanted

to buy tickets to a football game in Germany between a Turkish and a German football

team. A company that had offered trips with tickets for football games declined to sell

the trip and the tickets to the man. The company argued that they c ould not sell tickets

to people with Turkish-sounding names b ecause they would be rejected at the stadium.

The man argued that he had been discriminated against because of his ethnic origin in

violation of Section 3 of the Act on Ethnic Equal Treatment. The Board emphasised that

the company had directly stated that they could not sell tickets to people with Turkish-

sounding names and concluded that the man had been subjected to direct discrimination

because of his ethnic origin. He was awarded compensation of EUR 670 (DKK 5 000).

Name of the court: Board of Equal Treatment

Date of decision: 12 June 2019

Reference number: Decision No. 9619

Address of the webpage:

https://www.retsinformation.dk/Forms/R0710.aspx?id=209769

Brief summary: A Latvian man did not have the required ticket for travelling by public

transport in Denmark. He was therefore charged with a fine on the train. The man

claimed that the steward had exposed him to harassment due to ethnic origin because

the steward had addressed him in Russian. The Board argued that although the

complainant perceived the address in Russian to be offensive, the Board did not find that

the steward intended to discriminate against the complainant or that the steward should

have known that his choice of language could be perceived as offensive. The complainant

was therefore unsuccessful in the complaint.

Name of the court: Board of Equal Treatment

Date of decision: 12 June 2019

Reference number: Decision No. 9620

Address of the webpage:

https://www.retsinformation.dk/Forms/R0710.aspx?id=209770

Brief summary: A drop-in centre for ‘the mentally ill and traumatised’ with a focus on

refugees and immigrants offered a free communal meal for the target group once a

week. At the dinner, it was also p ossible to receive advice on, for example, contact with

public authorities. A man with a Danish-sounding name and of Danish origin complained

that he had been discriminated against due to his ethnic origin. He had been refused a

place at the communal meal because he was not included in the target group. The B oard

argued that the Act on Ethnic Equal Treatment does not preclude specific measures

designed to compensate disadvantages linked to ethnic origin. The Board therefore

concluded that the communal meals fell within the specific measures permitted by

Section 4 of the Act on Ethnic Equal Treatment.