TITLE II: REMEDIES AND ENFORCEMENT
Defence of rights
1. Member States shall ensure that judicial and/or
administrative procedures for the enforcement of obligations under
this Directive are available to all persons who consider themselves
wronged by failure to apply the principle of equal treatment to
them, even after the relationship in which the discrimination
is alleged to have occurred has ended.
2. Member States shall ensure that associations,
organisations or other legal entities may be entitled to pursue,
on behalf of the complainant with his or her approval, any judicial
and/or administrative procedure provided for the enforcement of
obligations under this directive.
Burden of proof
1. Member States shall take such measures as are
necessary, in accordance with their national judicial systems,
to ensure that, when persons who consider themselves wronged because
the principle of equal treatment has not been applied to them
establish, before a court or other competent authority, facts
from which it may be presumed that there has been direct or indirect
discrimination, it shall be for the respondent to prove that there
has been no breach of the principle of equal treatment.
2. Paragraph 1 shall not prevent Member States from
introducing rules of evidence which are more favourable to complainants.
3. Paragraph 1 shall not apply to criminal procedures,
unless otherwise provided by the Member States.
4. This Article shall apply to any legal proceedings
pursued in accordance with paragraph 2 of Article 7.
Member States shall include in their legal order
such necessary measures as to protect individuals from any adverse
treatment or adverse consequence motivated directly or indirectly
as a reaction to a complaint or to legal proceedings aimed at
enforcing compliance with the principle of equal treatment.
Dissemination of information
1. Member States shall ensure that adequate information
on the provisions adopted pursuant to this Directive is provided
throughout their territory, and in particular in vocational training
and educational bodies and in the workplace.
2. Member States shall ensure that competent public
authorities are informed by appropriate means as regards all national
measures taken pursuant to this Directive.
1. Member States shall take adequate measures to
promote social dialogue between the two sides of industry with
a view to fostering the principle of equal treatment, including
through the monitoring of workplace practices, collective agreements,
codes of practices, research or exchange of experiences and good
2. Member States shall encourage the two sides of
the industry to conclude at the appropriate level, including at
undertaking level, agreements laying down anti-discrimination
rules in the fields referred to in Article 4 which fall within
the scope of collective bargaining. These agreements shall respect
the minimum requirements laid down by this Directive and the relevant
national implementing measures.