BY WAY OF AN OBLIGATION IMPOSED ON THE EMPLOYER WHO IS THE AUTHOR OF THE DISCRIMINATION TO CONCLUDE A CONTRACT OF EMPLOYMENT WITH THE CANDIDATE DISCRIMINATED AGAINST .
2 . AS REGARDS SANCTIONS FOR ANY DISCRIMINATION WHICH MAY OCCUR , THE DIRECTIVE DOES NOT INCLUDE ANY UNCONDITIONAL AND SUFFICIENTLY PRECISE OBLIGATION WHICH , IN THE ABSENCE OF IMPLEMENTING MEASURES ADOPTED WITHIN THE PRESCRIBED TIME-LIMITS , MAY BE RELIED ON BY AN INDIVIDUAL IN ORDER TO OBTAIN SPECIFIC COMPENSATION UNDER THE DIRECTIVE , WHERE THAT IS NOT PROVIDED FOR OR PERMITTED UNDER NATIONAL LAW .
3 . ALTHOUGH DIRECTIVE NO 76/207/EEC , FOR THE PURPOSE OF IMPOSING A SANCTION FOR THE BREACH OF THE PROHIBITION OF DISCRIMINATION , LEAVES THE MEMBER STATES FREE TO CHOOSE BETWEEN THE DIFFERENT SOLUTIONS SUITABLE FOR ACHIEVING ITS OBJECTIVE , IT NEVERTHELESS REQUIRES THAT IF A MEMBER STATE CHOOSES TO PENALIZE BREACHES OF THAT PROHIBITION BY THE AWARD OF COMPENSATION , THEN IN ORDER TO ENSURE THAT IT IS EFFECTIVE AND THAT IT HAS A DETERRENT EFFECT , THAT COMPENSATION MUST IN ANY EVENT BE ADEQUATE IN RELATION TO THE DAMAGE SUSTAINED AND MUST THEREFORE AMOUNT TO MORE THAN PURELY NOMINAL COMPENSATION SUCH AS , FOR EXAMPLE , THE REIMBURSEMENT ONLY OF THE EXPENSES INCURRED IN CONNECTION WITH THE APPLICATION . IT IS FOR THE NATIONAL COURT TO INTERPRET AND APPLY THE LEGISLATION ADOPTED FOR THE IMPLEMENTATION OF THE DIRECTIVE IN CONFORMITY WITH THE REQUIREMENTS OF COMMUNITY LAW , IN SO FAR AS IT IS GIVEN DISCRETION TO DO SO UNDER NATIONAL LAW .