- Created by: channyx
- Created on: 20-03-20 23:40
The plaintiffs, female social workers, applied for posts at a male prison in West Germany. The authorities appointed two male candidates with lesser qualifications to those posts. The Labour Court, Hamm, found that there had been discrimination and awarded the plaintiff's compensation pursuant to s.611a(2) of the German Civil Code.
That section purported to implement Council Directive 76/207 on the implementation of equal treatment for men and women as regards access to employment. The Court found that that section only enabled it to award reimbursement of travelling expenses incurred by the plaintiffs in pursuing their applications for the posts. The Court asked the European Court under the Treaty of rome 1957Art.177 for a preliminary ruling on the interpretation and direct applicability of Directive…