Request for a preliminary ruling from the Sąd Rejonowy dla m. st. Warszawy w Warszawie (Poland) lodged on 7 June 2021 – J.K. v TP S.A.

(Case C-356/21)

Language of the case: Polish

Referring court

Sąd Rejonowy dla m. st. Warszawy w Warszawie

Parties to the main proceedings

Applicant: J.K.

Defendant: TP S.A.

Question referred

Must Article 3(1)(a) and (c) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ¹ be construed as permitting the exclusion from the scope of Council Directive 2000/78/EC, and consequently also as permitting the exclusion from the application of the sanctions laid down in national law pursuant to Article 17 of Council Directive 2000/78/EC, of the freedom of choice of parties to a contract so long as that choice is not based on sex, race, ethnic origin or nationality, in a situation where the alleged discrimination consists in a refusal to enter into a civil-law contract under which work is to be carried out by a self-employed natural person when that refusal is based on the sexual orientation of the prospective counterparty?

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¹ OJ 2000 L 303, p. 16.