C-14/83 Von Colson v Land Nordrhein-Westfalen [1984]

Court: European Court of Justice (ECJ)

Facts: German social workers Sabine Von Colson and Elisabeth Kamann applied to work in men’s prisons run by the State of North Rhine-Westphalia but were rejected because they were women. They argued that this discrimination violated the Equal Treatment Directive (76/207/EEC), which required member states to ensure equal treatment and prohibit gender discrimination.

Issue: Whether national courts are required to interpret national law in a way that is consistent with EU law, specifically the Equal Treatment Directive, and whether individuals can rely on EU law in claims against private organizations.

Held: The ECJ held that national courts must interpret national law in a way that is consistent with EU law, implementing the principle of indirect effect. This principle requires national courts to consider the objectives of EU law when interpreting national legislation to ensure that the rights and obligations established by EU law are fully effective. The Court established that individuals could rely on EU law to assert their rights not only against public bodies but also in disputes with private organizations.

Key Judicial Statement: The ruling established that national courts are required to interpret national laws in a manner consistent with the objectives of EU law, even if the national law does not explicitly reference EU law. This principle of indirect effect enhances the ability of individuals to rely on EU law in national courts and ensures that national law aligns with EU obligations.

💡Leveluplaw: The case established the principle of indirect effect, which mandates that national courts interpret domestic laws in line with EU law to give full effect to EU rights and obligations. It allows individuals to invoke EU law in claims against both public and private entities, expanding the scope of EU law and enhancing the enforcement of EU rights at the national level.

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Royal College of Nursing v Department of Health and Social Security [1981] 2 WLR 279

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Attorney General v Jonathan Cape Ltd [1975] 3 All ER 484