Special exception to the principle of equal treatment based on religion or belief.

Gloss to the judgement of the District Court in Łomża of March 22, 2017, I Ca 75/17

Abstract

In the Directive 2000/78/EC, the EU legislator requires respect for the autonomy of churches and other religious organisations, as well as maintaining a balance between religious freedom and the principle of equal treatment. The subject of the gloss is the judgment of the District Court in Łomża of March 22, 2017, I Ca 75/15, regarding the violation of the principle of equal treatment by the diocese through indirect discrimination of the plaintiff due to the belief presented by him, namely the support of registered partnerships on a social networking site. The plaintiff derived his claim from the provisions of the Act of 3 December 2010 on the implementation of certain provisions of the European Union in the field of equal treatment. According to the Court of the second instance, since the plaintiff pursued professional activity on the basis of a civil law contract between the parties, the provisions of the so-called equality act. In addition, in the opinion of the District Court, there were no circumstances justifying the exclusion of the application of the above-mentioned Act, as referred to in Art. 5 point 7. The Regional Court was of a different opinion and found that the severance of cooperation between the parties due to the plaintiff R.R.’s support of registered partnerships did not constitute a manifestation of discrimination based on the well-known teaching of the Catholic Church in this regard.