header-logo header-logo

28 October 2011 / Trevor Tayleur
Issue: 7487 / Categories: Features , EU , Commercial
printer mail-detail

Through the back door?

Trevor Tayleur analyses confusing case law surrounding the direct effect of EU Directives

It is a basic tenet of EU law that Directives are not capable of horizontal direct effect. The European Court of Justice (ECJ) has decisively rejected extending horizontal direct effect to Directives (Faccini Dori v Recreb Srl: C-91/92 [1995] All ER (EC) 1). However, subsequent judgments of the court have clouded the issue (Mangold v Helm: C-144/04 [2006] All ER (EC) 383, and Kücükdeveci v Swedex GmbH & Co KG: C-555/07 [2010] All ER (EC) 867).

Mangold

Mangold, aged 56, was employed on a fixed-term employment contract. He subsequently brought proceedings in the German courts against his private sector employer, challenging the fixed-term nature of his contract. He argued that the contract breached Directive 2000/78 (the Directive), which prohibits various types of discrimination, including age. The discrimination occurred because a German law introduced in 2002 only permitted fixed term contracts for employees younger than 52 in exceptional circumstances; this restriction did not apply to employees

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll