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European Court of Justice (ECJ), December 14, 2015Case C-668/15. Racial discrimination
Must the prohibition on direct discrimination on grounds of ethnic origin in Article 2(2)(a) of Council Directive 2000/43 be interpreted as precluding a practice such as the one in the present case, by which persons in an equivalent situation who are born outside the Nordic countries, a Member State, Switzerland or Liechtenstein are treated less favourably than persons born in the Nordic countries, a Member State, Switzerland or Liechtenstein?If the first question is answered in the negative: does such a practice thus give rise to indirect discrimination on grounds of ethnic origin within the meaning of Article 2(2)(b) of Council Directive 2000/43/EC — unless it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary?
If the second question is answered in the affirmative, can such a practice in principle be justified as an appropriate and necessary means for safeguarding the enhanced customer due diligence measures provided for in Article 13 of Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing?