''Von Colson v Land Nordrhein-Westfalen'' (1984
Case 14/83is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the conflict of law between a national legal system and European Union law.
Facts
Sabine Von Colson and Elisabeth Kamann were German
social worker
Social work is an academic discipline and practice-based profession concerned with meeting the basic needs of individuals, families, groups, communities, and society as a whole to enhance their individual and collective well-being. Social wo ...
s who applied to work in men's prisons run by the
State of North Rhine-Westphalia. Both were rejected on the basis they were women.
Von Colson and Kamann appealed the decision at the
Arbeitsgericht (Labour Tribunal). Under
European Communities law, the
Equal Treatment Directive
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law.
Background
Since the Treaty of Amsterdam came into force in 1999, new EU laws, ...
(76/207/EEC) required member states to give effect to principle of equal treatment and obliged them to provide a legal remedy. The claimants argued that they had a directly effective right to demand that the court order the employer to appoint her. Instead of this or compensation, they were awarded only "reliance losses" as a remedy, equivalent to the travel costs incurred by going to the interview (7.20
DM).
Judgment
Lack of precision in the directive prevented it from having direct effect, but the Court directed that the national legislation be interpreted in light of the directive. Ultimately, the claimants were not entitled to a remedy that guaranteed their appointment to the post from which they had been discriminated against, but the member state would be liable to provide a remedy. Compensation for the discrimination suffered could be carried out in several ways, including via the payment of damages. The Court also required the remedy to be sufficient to ensure the effectiveness of Community (now EU) law.
See also
*
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
References
Court of Justice of the European Union case law
German case law
1984 in case law
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