COMPENSATION ONLY FOR LOSSES ACTUALLY INCURRED THROUGH RELIANCE ON A EXPECTATION ( ' ' VERTRAUENSSCHADEN ' ' ) IS NOT SUFFICIENT TO ENSURE COMPLIANCE WITH THAT PRINCIPLE .
15 ACCORDING TO THE THIRD PARAGRAPH OF ARTICLE 189 : ' ' A DIRECTIVE SHALL BE BINDING , AS TO THE RESULT TO BE ACHIEVED , UPON EACH MEMBER STATE TO WHICH IT IS ADDRESSED , BUT SHALL LEAVE TO THE NATIONAL AUTHORITIES THE CHOICE OF FORM AND METHODS ' ' . ALTHOUGH THAT PROVISION LEAVES MEMBER STATES TO CHOOSE THE WAYS AND MEANS OF ENSURING THAT THE DIRECTIVE IS IMPLEMENTED , THAT FREEDOM DOES NOT AFFECT THE OBLIGATION IMPOSED ON ALL THE MEMBER STATES TO WHICH THE DIRECTIVE IS ADDRESSED , TO ADOPT , IN THEIR NATIONAL LEGAL SYSTEMS , ALL THE MEASURES NECESSARY TO ENSURE THAT THE DIRECTIVE IS FULLY EFFECTIVE , IN ACCORDANCE WITH THE OBJECTIVE WHICH IT PURSUES .
16 IT IS THEREFORE NECESSARY TO EXAMINE DIRECTIVE NO 76/207 IN ORDER TO DETERMINE WHETHER IT REQUIRES MEMBER STATES TO PROVIDE FOR SPECIFIC LEGAL CONSEQUENCES OR SANCTIONS IN RESPECT OF A BREACH OF THE PRINCIPLE OF EQUAL TREATMENT REGARDING ACCESS TO EMPLOYMENT .
17 THE OBJECT OF THAT DIRECTIVE IS TO IMPLEMENT IN THE MEMBER STATES THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN , IN PARTICULAR BY GIVING MALE AND FEMALE REAL EQUALITY OF OPPORTUNITY AS REGARDS ACCESS TO EMPLOYMENT . WITH THAT END IN VIEW , ARTICLE 2 DEFINES THE PRINCIPLE OF EQUAL TREATMENT AND ITS LIMITS , WHILE ARTICLE 3 ( 1 ) SETS OUT THE SCOPE OF THE PRINCIPLE SPECIFICALLY AS REGARDS ACCESS TO EMPLOYMENT . ARTICLE 3 ( 2 ) ( A ) PROVIDES THAT MEMBER STATES ARE TO TAKE THE MEASURES NECESSARY TO ENSURE THAT ANY LAWS , REGULATIONS AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT ARE ABOLISHED .
18 ARTICLE 6 REQUIRES MEMBER STATES TO INTRODUCE INTO THEIR NATIONAL LEGAL SYSTEMS SUCH MEASURES AS ARE NECESSARY TO ENABLE ALL PERSONS WHO CONSIDER THEMSELVES WRONGED BY DISCRIMINATION ' ' TO PURSUE THEIR CLAIMS BY JUDICIAL PROCESS ' ' . IT FOLLOWS FROM THE PROVISION THAT MEMBER STATES ARE REQUIRED TO ADOPT MEASURES WHICH ARE SUFFICIENTLY EFFECTIVE TO ACHIEVE THE OBJECTIVE OF THE DIRECTIVE AND TO ENSURE THAT THOSE MEASURES MAY IN FACT BE RELIED ON BEFORE THE NATIONAL COURTS BY THE PERSONS CONCERNED . SUCH MEASURES MAY INCLUDE , FOR EXAMPLE , PROVISIONS REQUIRING THE EMPLOYER TO OFFER A POST TO THE CANDIDATE DISCRIMINATED AGAINST OR GIVING THE CANDIDATE ADEQUATE FINANCIAL COMPENSATION , BACKED UP WHERE NECESSARY BY A SYSTEM OF FINES . HOWEVER THE DIRECTIVE DOES NOT PRESCRIBE A SPECIFIC SANCTION ; IT LEAVES MEMBER STATES FREE TO CHOOSE BETWEEN THE DIFFERENT SOLUTIONS SUITABLE FOR ACHIEVING ITS OBJECTIVE .
19 THE REPLY TO THE FIRST QUESTION SHOULD THEREFORE BE THAT DIRECTIVE NO 76/207 DOES NOT REQUIRE DISCRIMINATION ON GROUNDS OF SEX REGARDING ACCESS TO EMPLOYMENT TO BE MADE THE SUBJECT OF A SANCTION BY WAY OF AN OBLIGATION