Assertion of theclaimwithin 2 months

In this case, the Court of Justice of the European Union ruled that a 2-month period to assert a claim for discrimination is lawful if this deadline is not less favourable than the one for comparable, national legal remedies in labour law. In addition, the beginning of the period may not make the exercise of rights conferred by the Directive impossible or excessively difficult.

The national court is responsible for examining whether these two conditions are met.

CJEU, verdict of the 8th July 2010 – C-246/09

Discrimination by association (Coleman)

Subject of the proceedings were policies of the British Act of 1995 on discrimination on grounds of disability (Disability Discrimination Act 1995). It was about the dismissal of an employee who is not disabled herself, but whose child is disabled.

The Directive 2000/78/EC on equal treatment in employment and occupation is to be interpreted in a way meaning that the proposed prohibition of direct discrimination and the prohibition of harassment is not limited to people who are themselves disabled. The principle of equal treatment does not apply to a particular category of people but refers to the grounds mentioned in article 1 of the Directive.

CJEU, verdict of the 17th July 2008 – C-303/06