ECJ: Public statements actionable without victim
The European Court of Justice (ECJ) has published its findings concerning a discrimination case where there was no identifiable complainant.

The case in question arose from a Belgian company director's public statement that his organisation would not hire applicants of a particular ethnic origin. According to the court, the lack of an identifiable complainant 'does not permit the conclusion that there is no direct discrimination' within the meaning of EU Directive 2000/43/EC.

The requirement for a reversal of the burden of proof in such cases means that an employer making discriminatory statements would have to prove that they had not infringed the principle of equal treatment. If they were unable to establish such proof, a national court would then be obliged to apply sanctions that are 'effective, proportionate and dissuasive'. In the absence of an identifiable victim, the sanction should, in the court's view, consist of 'an adequate level of publicity' and an award of damages to the equal opportunities body bringing the proceedings.

EU: Blue card will not override national schemes
At a recent meeting of the EU council, it was decided that the planned introduction of a 'blue card' allowing migrants to live and work in any EU state would not prevent individual countries from continuing their own 'knowledge migrant' schemes.

Detailed conditions to be met by applicants for the blue card have yet to be established. The European Commission has proposed blue card holders must be paid at least 50 percent above the average for any country where they plan to work. However, EU ministers have rejected the application of quotas for card holders or routine checks on employers. The preference is for selective checks within high-risk sectors, without a fixed minimum of inspections in any given period.

France: Radical overhaul of working time rules
The French Senate has voted to adopt the bill on economic modernisation passed by the National Assembly earlier this month.

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