Opinion of the Advocate General — ECLI:EU:C:2015:534
Date: 2015-09-03
Language of the case: Spanish
Subject matter: Approximation of laws;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Spain

Summary — Judgment of the Court (Fourth Chamber), 17 December 2015 1. Social policy — Male and female workers — Access to employment and working conditions — Equal treatment — Directive 2006/54 — Remedies — Compensation or reparation for the loss and damage sustained as a result of discrimination on grounds of sex — Scope — Measures providing for payment to the person injured of compensation which covers in full the loss and damage sustained — Payment of punitive damages — Not included (European Parliament and Council Directive 2006/54, Art. 18; Council Directive 76/207, Art. 6) 2. Social policy — Male and female workers — Access to employment and working conditions — Equal treatment — Directive 2006/54 — Effective, proportionate and dissuasive rules on penalties — Power of the Member States to lay down the payment of punitive damages — Right of the national court to require the person responsible for the discrimination to pay such damages under the directive and in the absence of national legislation transposing the directive — No such right (European Parliament and Council Directive 2006/54, Art. 25) 1. Article 18 of Directive 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation must be interpreted as meaning that, in order for the loss and damage sustained as a result of discrimination on grounds of sex to be the subject of genuine and effective compensation or reparation in a way which is dissuasive and proportionate, that article requires Member States which choose the financial form of compensation to introduce in their national legal systems, in accordance with detailed arrangements which they determine, measures providing for payment to the person injured of compensation which covers in full the loss and damage sustained. First, it already follows from Article 6 of Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, both in its original version and as amended, and from the case-law of the Court, that the genuine deterrent effect sought by that article does not involve awarding, to the person injured as a result of such discrimination, punitive damages which go beyond full compensation for the loss and damage actually sustained and which constitute a punitive measure. Second, there has been no substantive change in EU law which might lead to an interpretation of Article 18 of Directive 2006/54 differing, in that regard, from that of Article 6 of Directive 76/207. (see paras 34, 36, 45, operative part) 2. Article 25 of Directive 2006/54 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation grants Member States the option of adopting measures which seek to penalise discrimination on grounds of sex in the form of compensation paid to the victim. Thus, that article allows, but does not require, Member States to take measures providing for the payment of punitive damages to the person who has suffered discrimination on grounds of sex. Consequently, in the absence of a provision of national law making possible the payment of punitive damages to a person injured by discrimination on grounds of sex, Article 25 of Directive 2006/54 does not provide that a national court can on its own require the person responsible for the discrimination to pay such damages. (see para. 39, 40, 43)