Judgment
Full text
Thus Member States cannot use, as pre-determined criteria, criteria that are based on the characteristics referred to in the preceding paragraph and use of which may result in discrimination. In that regard, it follows from the wording of the fourth sentence of Article 6(4) of the PNR Directive, according to which pre-determined criteria are ‘in no circumstances’ to be based on those characteristics, that that provision covers both direct and indirect discrimination. That interpretation is, moreover, confirmed by Article 21(1) of the Charter, in the light of which the said provision must be read, which prohibits ‘any’ discrimination based on the said characteristics. In those circumstances, pre-determined criteria must be defined in such a way that, while worded in a neutral fashion, their application does not place persons having the protected characteristics at a particular disadvantage.