22.2.2016

EN

Official Journal of the European Union

C 68/23

Request for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 14 December 2015 — Jyske Finans A/S v Ligebehandlingsnævnet, acting on behalf of Ismar Huskic

(Case C-668/15)

(2016/C 068/31)

Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings

Applicant: Jyske Finans A/S

Defendant: Ligebehandlingsnævnet, acting on behalf of Ismar Huskic

Questions referred

1.Must the prohibition on direct discrimination on grounds of ethnic origin in Article 2(2)(a) of Council Directive 2000/43/EC ( 1 ) of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin be interpreted as precluding a practice such as the one in the present case, by which persons in an equivalent situation who are born outside the Nordic countries, a Member State, Switzerland and Liechtenstein are treated less favourably than persons born in the Nordic countries, a Member State, Switzerland and Liechtenstein?

2.If the first question is answered in the negative: does such a practice thus give rise to indirect discrimination on grounds of ethnic origin within the meaning of Article 2(2)(b) of Council Directive 2000/43/EC — unless it is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary?

3.If the second question is answered in the affirmative, can such a practice in principle be justified as an appropriate and necessary means for safeguarding the enhanced customer due diligence measures provided for in Article 13 of Directive 2005/60/EC ( 2 ) of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing?

( 1 ) OJ 2000 L 180, p. 22 .

( 2 ) OJ 2005 L 309, p. 15 .