소개글
Von Colson Case 레포트에 대한 자료입니다.
목차
1. Fact Relevance
2. Major Focus
3. Judgement Analysis
본문내용
The labor-court held that the plaintiffs were rejected for the posts in question because of their sex.
Nevertheless, it considered that under German law it was not able to allow their claims with the exception of the alternative claim submitted by the plaintiff von Colson for her travelling expenses.
The labor-court of Hamm requested ECJ' decision for penalty provision of sex discrimination be satified to EU law criteria.
Vertical effect/ Horizontal effect
In general, European law gives a person rights which may be exercised against public bodies or bodies exercising public functions, known as vertical effect, but not other private individuals; known as horizontal effect.
※ Direct effect
Direct effect is the principle of European Union law according to which provisions of Union law may, if appropriately framed, confer rights and impose obligations on individuals which the courts of European Union member states are bound to recognise and enforce
ECJ decided that in the case of interpreting with German law as the guideline and selecting compensation as the sanction about the violation of the member nation, the sanction must be proper for the damage done and specifically, it should be more than return of the actual expenses that were spent for the job-hunt.
In other words, ECJ decided that 'the domestic court must interpret the law of the member nation according to the purpose and document of the guidelines for the achievement of the demanding result of the guidelines'
.