Werner Mangold v. Rüdiger Helm

In relation to the use of successive fixed term contracts for older workers, making it easier to get rid of them, the ECJ said that non-discrimination was a central principle of EC law and that an EC directive prohibiting age discrimination conferred a duty on national courts to disapply any legislation conflicting with this principle. The ECJ called on national courts to apply the “general principle” of discrimination. Almost sounds like a “constitutional” argument.