European Court of Justice case C-246/09 on 8th July 2010
NOTES
Bulicke v Deutsche Büro Service GmbH [2010] EUECJ C-246/09, Court of Justice of the European Communities on 8th July 2010
The full text of this judgment is available free of charge on the BAILII website.
Authority for the propositions that:--
- Article 9 of the Equal Treatment Directive 2000/78/EC of 27 November 2000, does not preclude a procedural rule in domestic law under which a victim of age discrimination in recruitment must make a compensation claim within two months provided (i) that this time limit is no less favourable than the time limit applicable to similar claims in domestic law, and (ii) that this time limit does not make it excessively difficult for claimants to exercise their rights under the Equal Treatment Directive. It is for the national court to judge whether these conditions are met.
- Article 8 of the Equal Treatment Directive does not preclude a procedural rule in domestic law, adopted to give effect to that Directive, amending earlier legislation providing a time limit for bringing a sex discrimination claim in a national court.
For relevant general notes see Time-limits/basic general rules and/or Time-limits/for various applications to Employment Tribunals/age discrimination claims and/or European Law/implementation of directives
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prepared July2010