Action brought on 22 December 2023 – European Commission v Slovak Republic
(Case C-799/23)
Language of the case: Slovak
Parties
Applicant: European Commission (represented by: R. Lindenthal, E. Schmidt and A. Tokár, acting as Agents)
Defendant: Slovak Republic
Form of order sought
The applicant claims that the Court should:
declare that the Slovak Republic,
by placing, in an excessive manner, Roma children in special schools or special classes for children with intellectual or other disabilities, who follow a restricted curriculum, and
by segregating Roma children, either in separate classes in mainstream schools or in separate schools,
has failed, systematically and persistently, to fulfil its obligations under Article 2(1) of Council Directive 2000/43/EC, 1 read in conjunction with Article 2(2)(b) and Article 3(1)(g) of that directive,
order the Slovak Republic to pay the costs.
Pleas in law and main arguments
In support of its action, the Commission alleges infringement of Directive 2000/43/EC on account of a systematic and persistent improper administrative practice, on the part of the authorities of the Slovak Republic concerning indirect discrimination in respect of the Roma community in the field of education.
The Commission asserts that by placing, in an excessive manner, Roma children in special schools or special classes for children with intellectual or other disabilities, the Slovak Republic systematically and persistently infringes Article 2(1) of Directive 2000/43, read in conjunction with Article 2(2)(b) of that directive.
The Commission also maintains that, by segregating Roma children in separate classes in mainstream schools or in separate schools, the Slovak Republic systematically and persistently infringes Article 2(1) of Directive 2000/43, read in conjunction with Article 2(2)(b) of that directive.
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1 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2000 L 180, p. 22).