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Slagelse Almennyttige Boligselskab Afdeling Schackenborgvænge e a. v. MV e a., Case C-417/23, CJUE (Grand Chamber), 18 december 2025

Abstract

Equal treatment. Directive 2000/43/EC. Concepts of “ethnic origin,” “direct discrimination,” and “indirect discrimination.” Development plans for residential areas. National legislation imposing a reduction in the percentage of public housing. Social cohesion and integration.

Normative references

Article 61a of Consolidation Decree No. 1877 of 27 September 2021 (lovbekendtgørelse nr. 1877 om almene boliger m.v.)
Council Directive 2000/43/EC of 29 June 2000
Article 21 EUCFR

Ruling

Article 2(2)(a) and (b) of Directive 2000/43/EC must be interpreted as meaning that national legislation imposing development plans aimed at reducing public housing for families in areas identified on the basis of a presence exceeding 50% of immigrants from non-Western countries and their descendants constitutes direct discrimination, where it is based on the ethnic origin of the inhabitants and results in less favourable treatment compared to comparable areas, or indirect discrimination, where, although apparently neutral, it places certain ethnic groups at a disadvantage in violation of the principle of proportionality.