Volume 48 (2011)

Volume 48 (2011) / Issue 5

Kristina Koldinská, 'Case law of the European Court of Justice on sex discrimination 2006-2011' (2011) 48 Common Market Law Review, Issue 5, pp. 1599–1638

Abstract

This article aims to point out some important cases recently presented before the ECJ which show that the area of gender equality is still a very dynamic and vital field in EU law, and that thanks to its long-lasting tradition it provides a very important source for legal argumentation and reflection.

The article covers the period from 2006 to May 2011. It discusses firstly the enforcement of EU equality law connected with the issue of horizontal direct effect of the directives reflected in the sex equality case law, which might be further strengthened by the entry into force of the Charter of Fundamental Rights in EU. Special attention is paid to the discourse on retirement pension ages, with an analysis of the Kleist case. Further sections reflect some typical issues, which always return to the ECJ, such as equal pay, pregnancy and parental leave, since in the period covered by this contribution so many cases on pregnancy appeared. The topics which were new before the ECJ, like the multidimensional discrimination are also taken into consideration. Last but not least, attention is paid to the issue of gender equality in access to and supply of goods and services. In this connection, the Lindorfer and Test-Achats cases are discussed in more detail.

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ISSN: 0165-0750
ID: COLA2011062