EU Court Condemns Discriminatory Practice of Bulgarian Unit of Power Distributor CEZ

The Court of Justice of the European Union (CJEU) in Luxembourg has ruled that the practice of the Bulgarian subsidiary of power distributor CEZ of placing electricity meters in districts inhabited predominantly by Roma higher than in other areas constitutes discrimination.

The CJEU issued an opinion in response to a request for a preliminary ruling from the Administrative Court Sofia City.

The Sofia-based court addressed the CJEU over a case involving the practice of power distributor CEZ of attaching electricity meters of final consumers in the Roma district of Dupnitsa at a height of approximately 6 meters, thereby making them inaccessible for visual checks, whilst elsewhere the same electricity meters are installed at a height of approximately 1.70 meters and are thus clearly visible to consumers.

The case was opened on the basis of a complaint of a natural person lodged in 2008 with the Bulgarian Commission for Protection against Discrimination against the practice.

The case was initiated by a woman, Ms. Nikolova, who complained that she was unable to read her meter.

According to the Luxembourg-based court, Nikolova, as the applicant in the main proceedings, may rely on the prohibition of discrimination based on ethnic origin even though she herself does not belong to the Roma ethnic group.

According to the court, the contested practice produces a humiliating environment for the persons concerned, from which predominantly the members of a certain ethnic group have to suffer.

"This is contrary to the fundamental values on which the European Union is founded (Article 2 TEU) and also runs counter to the thrust of the antidiscrimination directives (see in particular the prohibition of 'harassment' under Article 2(3) of...