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Document 62023CA0417
Case C-417/23, Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge: Judgment of the Court (Grand Chamber) of 18 December 2025 (request for a preliminary ruling from the Østre Landsret – Nordhavn – Denmark) – Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, XM, ZQ, FZ, DL, WS, JI, PB, VT, YB, TJ, RK v MV, EH, LI, AQ, LO, Social-, Bolig- og Ældreministeriet (Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Concepts of ethnic origin, direct discrimination and indirect discrimination – National legislation requiring the adoption of development plans designed to reduce the percentage of public family housing units in certain residential areas – Identification of those areas according to the proportion of immigrants from non-Western countries and their descendants – Whether justified – Social cohesion and integration – Housing policy – Article 7 of the Charter of Fundamental Rights of the European Union – Right to respect for the home – Proportionality)
Case C-417/23, Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge: Judgment of the Court (Grand Chamber) of 18 December 2025 (request for a preliminary ruling from the Østre Landsret – Nordhavn – Denmark) – Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, XM, ZQ, FZ, DL, WS, JI, PB, VT, YB, TJ, RK v MV, EH, LI, AQ, LO, Social-, Bolig- og Ældreministeriet (Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Concepts of ethnic origin, direct discrimination and indirect discrimination – National legislation requiring the adoption of development plans designed to reduce the percentage of public family housing units in certain residential areas – Identification of those areas according to the proportion of immigrants from non-Western countries and their descendants – Whether justified – Social cohesion and integration – Housing policy – Article 7 of the Charter of Fundamental Rights of the European Union – Right to respect for the home – Proportionality)
Case C-417/23, Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge: Judgment of the Court (Grand Chamber) of 18 December 2025 (request for a preliminary ruling from the Østre Landsret – Nordhavn – Denmark) – Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, XM, ZQ, FZ, DL, WS, JI, PB, VT, YB, TJ, RK v MV, EH, LI, AQ, LO, Social-, Bolig- og Ældreministeriet (Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Concepts of ethnic origin, direct discrimination and indirect discrimination – National legislation requiring the adoption of development plans designed to reduce the percentage of public family housing units in certain residential areas – Identification of those areas according to the proportion of immigrants from non-Western countries and their descendants – Whether justified – Social cohesion and integration – Housing policy – Article 7 of the Charter of Fundamental Rights of the European Union – Right to respect for the home – Proportionality)
OJ C, C/2026/906, 23.2.2026, ELI: http://data.europa.eu/eli/C/2026/906/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2026/906 |
23.2.2026 |
Judgment of the Court (Grand Chamber) of 18 December 2025 (request for a preliminary ruling from the Østre Landsret – Nordhavn – Denmark) – Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, XM, ZQ, FZ, DL, WS, JI, PB, VT, YB, TJ, RK v MV, EH, LI, AQ, LO, Social-, Bolig- og Ældreministeriet
(Case C-417/23, (1) Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge)
(Reference for a preliminary ruling - Equal treatment between persons irrespective of racial or ethnic origin - Directive 2000/43/EC - Concepts of ‘ethnic origin’, ‘direct discrimination’ and ‘indirect discrimination’ - National legislation requiring the adoption of development plans designed to reduce the percentage of public family housing units in certain residential areas - Identification of those areas according to the proportion of ‘immigrants from non-Western countries and their descendants’ - Whether justified - Social cohesion and integration - Housing policy - Article 7 of the Charter of Fundamental Rights of the European Union - Right to respect for the home - Proportionality)
(C/2026/906)
Language of the case: Danish
Referring court
Østre Landsret
Parties to the main proceedings
Applicants: Slagelse Almennyttige Boligselskab, Afdeling Schackenborgvænge, XM, ZQ, FZ, DL, WS, JI, PB, VT, YB, TJ, RK
Defendants: MV, EH, LI, AQ, LO, Social-, Bolig- og Ældreministeriet
Interveners: BL – Danmarks Almene Boliger, Institut for Menneskerettigheder, Institut for Menneskerettigheder, FN’s særlige rapportør E. Tendayi Achiume, FN’s særlige rapportør Balakrishnan Rajagopal
Operative part of the judgment
Article 2(2)(a) and (b) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin
must be interpreted as meaning that national legislation laying down an obligation to adopt development plans designed to reduce the percentage of public family housing units in residential areas that are characterised, inter alia, by the fact that, during the last five years, the proportion of ‘immigrants from non-Western countries and their descendants’ residing in those areas has exceeded 50 %:
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constitutes direct discrimination, within the meaning of Article 2(2)(a), in so far as it is established that the adoption of that national legislation is based on the ethnic origin of the majority of the inhabitants of those residential areas and that the effect of that national legislation is that all the inhabitants of those areas are treated less favourably than the inhabitants of residential areas that are comparable, but in which the proportion of ‘immigrants from non-Western countries and their descendants’ has not exceeded 50 %; |
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constitutes indirect discrimination, within the meaning of Article 2(2)(b), in so far as it is established, first, that that national legislation, although ostensibly formulated or applied in a neutral manner, that is to say, having regard to factors other than that of ethnic origin, has the effect of placing persons belonging to certain ethnic groups at a particular disadvantage and, second, that that national legislation does not, for the purpose of attaining the overriding objective in the public interest which it pursues, comply with the principle of proportionality. |
ELI: http://data.europa.eu/eli/C/2026/906/oj
ISSN 1977-091X (electronic edition)