Important Judgment on the Principles of EU Law
February 3, 2010 · Leave a Comment
A judgment on a reference for a recent preliminary ruling by the European Court of Justice has serious implications for the application of European Union law in the future.
In Case C‑555/07 (Kücükdeveci) the Court was asked to clarify the question of the application of the principle of non-discrimination on grounds of age. ECJ stated that the principle of non-discrimination on grounds of age is a general principle of European Union law in that it constitutes a specific application of the general principle of equal treatment.
The Court says that Directive 2000/78 “merely gives expression to, but does not lay down, the principle of equal treatment in employment and occupation, and that the principle of non-discrimination on grounds of age is a general principle of European Union law in that it constitutes a specific application of the general principle of equal treatment”.
This is really interesting, because the ECJ actually says that any directive can “give expression” to a general principle of EU law, and thus have horizontal direct effect.
Some commentators do not agree with the ECJ, and others think a battle between the ECJ and the German Constitutional Court is pending.
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