The case started when plaintiffs relied on Equal Treatment Directive in a claim of unlawful sexual discrimination.
Though the directive was found to be too imprecise to give direct effect, the court said that to ensure compliance with EC directives, national courts should interpret domestic legislation within the directiveโs confine.
Thus, although Plaintiff cannot sue Defendant under a directive, they can sue Defendant under national legislation and demand that the national legislation be interpreted in the light on the directive.
However the courts said that the duty to implement legislation in the light of directives was limited by the principles of legal certainty and non-retroactivity: unclear how this will be applied.
European Law notes fully updated for recent exams at Oxford and Cambrid...
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European Law | Preliminary Reference Procedure Direct Effect Notes (53 pages) |
European Human Rights Law | The Relationship Between Eu Law And National Law Notes (21 pages) |