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ARTICLE · 30 SEPTEMBER 2010

Employment Briefing - March 2010

Bircham Dyson Bell LLP
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In Kucukdeveci v Swedex GmbH the ECJ ruled that the Equal Treatment Framework Directive (the Framework Directive) could be applied in a case between private individuals which were not emanations of the State.

United KingdomEmployment and HR
Brian Gegg
Brian Gegg
Jesper Christensen
Jesper Christensen
Marc Meryon
Marc Meryon

Originally published March 2010

ECJ Rules that EU Law Takes Precedence over National Legislation

In Kucukdeveci v Swedex GmbH the ECJ ruled that the Equal Treatment Framework Directive (the Framework Directive) could be applied in a case between private individuals which were not emanations of the State. Directives are binding on member states but are not enforceable between private individuals. Further, where national law is unable to be interpreted consistently with a directive, domestic law prevails. However, in Kucukdeveci, the ECJ ruled that, following and taking further the finding in the landmark case of Mangold , the principle of non discrimination on age related grounds is a general principle of EU law which is expressed through a directive and national laws which conflict with it should be set aside.

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