In November 2019, our team was approached by IT Services Hungary Ltd., which requested legal support in a discrimination court case initiated by an employee of the company. We reviewed the court file and prepared a legal defense strategy. The claims brought by the plaintiff was dismissed by the first instance Court and the judgement was appealed before the Sofia City Court. The company`s representation in the court proceedings was handled by one of Ilieva, Voutcheva & Co Law Firm`s attorneys at law – Snezhanka Baldzhieva. She successfully protected the client’s interest during the the second instance court hearings and the court ruled entirely in favour of our client.
The claimant appealed the second-instance decision before the Supreme Court of Cassation, filing a cassation appeal. We prepared a statement in which we claimed that the prerequisites for a cassation appeal were not met, as well as a reply to the cassation appeal.
The Supreme Court of Cassation has scheduled the case for a closed hearing in February 2022, when it will rule on the admissibility of the cassation proceedings.
The case is complex due to differences in national and European legislation under Directive 2000/43/EC regarding the criteria for discrimination in the form of victimisation. So far, the Supreme Court of Cassation has had a number of occasions to rule on similar cases, but cases of discrimination by victimisation are rare.