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III Examples based on case-law of findings made by N.C.C.D.’s Steering Board

Freedom of movement, right to freely choose a

2021 | ACTIVITY REPORT

place of residence and access to public places

                          Decision No. 668 of 15 September 2021                        to commit themselves to a proper behaviour for their
                          and Decision No. 809 of                                      children or by creating a number of areas laid out
                          17 November 2021                                             for family/non-family-type customers, creates an
                                                                                       unjustified disadvantageous situation for customers
                         Enforcing a number of restrictions regarding access           with minor children, with ages below the threshold
                         inside a restaurant for minors under the age of 10,           of 12 years old, respectively 10 years old.
                         respectively for children under the age of 12 and their
                         companions based on the reason of preventing the              N.C.C.D.’s Steering Board found that acts of discrim-
                         spread of the SARS-COV-2 virus and on the right               ination were committed pursuant to Art. 2 para. 1
                         to select customers by virtue of Premium-type ser-            and Art. 10 f) of the Anti-discrimination Law and
                         vices aimed exclusively at adults represents an act           ordered an administrative sanction by issuing a
                         of discrimination.                                            warning against the company and a recommendation

                                                                                       to amend its internal rules so that a fair access to
                         Imposing conditions on the access to services pro-            such services could be provided to the public.
                         vided to the public, based on the age criterion and for
                         a time interval during the day, without specifically            Decision No. 78 of 27 January 2021
                         analysing the situations, on a case by case basis,
                         without establishing a number of specific, objective          Imposing access conditions to the cinema with the       40
                         and justifiable criteria, e.g. by forcing the customers       benefit of free of charge entry in accordance to the