The paper deals with the current issue of consumer discrimination from the perspective of the Russia-Ukraine conflict. The subject of the study is the assessment of whether an entrepreneur can completely prohibit or condition access to services to Russian citizens, or whether it can do so against persons supporting the war in Ukraine or Putinʼs regime. This conduct is assessed in particular from the point of view of illegality under Section 6 of the Consumer Protection Act, which very strictly enjoins an entrepreneur not to discriminate. The paper provides a summary of the related case law, raising the question whether, in view of the current political developments in Russia, these case law conclusions can continue to stand in the same form.
The paper deals with the limitation of the entrepreneur’s autonomy of will and freedom of expression in relation to the consumer by the principle of non-discrimination. The subject of the examination is the strict Section 6 of the Consumer Protection Act, which only prohibits the entrepreneur from discriminating against consumers in the sale of goods or services, without defining specific discriminatory grounds. The case-law refers in this respect to the regulation contained in Section 10 of the Anti-Discrimination Act. The paper focuses on the case law of the Czech courts that has dealt with discriminatory conduct in B2C relations and this is critically assessed.
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