CELEX: C1997/199/08
Language: en
Date: 1997-06-28 00:00:00
Title: JUDGMENT OF THE COURT of 22 April 1997 in Case C-180/95 (reference for a preliminary ruling from the Arbeitsgericht Hamburg): Nils Draehmpaehl v. Urania Immobilienservice oHG (Social policy - Equal treatment for men and women - Directive 76/207/EEC - Right to reparation in the event of discrimination as regards access to employment - Choice of sanctions by the Member States - Setting of a ceiling for aggregate of compensation awards)

28 . 6 . 97            EN                  Official Journal of the European Communities                                 No C 199/5
Security, ex parte: Eunice Sutton — on the interpretation             proceedings pending before that court between Nils
of Community law in regard to the right to obtain interest            Draehmpaehl and Urania Immobilienservice oHG — on
on arrears of a social security benefit falling within the            the interpretation of Council Directive 76/207/EEC of
scope of Council Directive 79/7/EEC of 19 December                    9 February 1976 on the implementation of the principle of
 1978 on the progressive implementation of the principle              equal treatment for men and women as regards access to
of equal treatment for men and women in matters of                    employment, vocational training and promotion, and
social security ( OJ No L 6, 10 . 1 . 1979 , p. 24 ) — the            working conditions ( OJ No L 39, 14 . 2 . 1976, p. 40 ) —
Court, composed of: G. C. Rodriguez Iglesias, President,              the Court, composed of: G. C. Rodriguez Iglesias,
G. E Mancini ( Rapporteur), J. C. Moitinho de Almeida                 President, G. F. Mancini ( Rapporteur ), J. C. Moitinho de
and L. Sevon ( Presidents of Chambers ), P. J. G. Kapteyn,            Almeida and L. Sevon ( Presidents of Chambers ), C. N.
C. Gulmann, D. A. O. Edward, J. -P. Puissochet, G.                    Kakouris, P. J. G. Kapteyn, C. Gulmann, G. Hirsch, H.
Hirsch, P. Jann and H. Ragnemalm, Judges; P. Leger,                   Ragnemalm, M. Wathelet and R. Schintgen, Judges; P.
Advocate-General; H. A. Riihl, Principal Administrator,               Leger, Advocate-General; H. von Holstein, Deputy
for the Registrar, has given a judgment on 22 April 1997,             Registrar, for the Registrar, has given a judgment on
in which it has ruled :                                               22 April 1997, in which it has ruled:
Article 6 of Council Directive 79/7/EEC of 19 December                1 . When a Member State chooses to penalize, under rules
1978 on the progressive implementation of the principle                   governing civil liability, breach of the prohibition of
of equal treatment for men and women in matter of social                  discrimination, Council Directive 76/207/EEC of
security does not require that an individual should be able               9 February 1976 on the implementation of the
to obtain interest on arrears of a social security benefit                principle of equal treatment for men and women as
such as invalid care allowance, when the delay in payment                 regards access to employment, vocational training and
of the benefit is the result of discrimination prohibited by              promotion, and working conditions, and, in particular,
Directive 79/7. However, a Member State is required to                    Articles 2 (1 ) and 3 (1 ) thereof, preclude provisions of
make reparation for the loss and damage caused to an                      domestic law which make reparation of damage
individual as a result of the breach of Community law.                    suffered as a result of discrimination on grounds of
Where the conditions for State liability are fulfilled, it is             sex in the making of an appointment subject to the
for the national court to apply that principle.                           requirement of fault.
O OJ No C 119, 13 . 5 . 1995 .
                                                                      2 . Directive 76/207/EEC does not preclude provisions of
                                                                          domestic law which prescribe an upper limit of three
                                                                          months ' salary for the amount of compensation which
                                                                          may be claimed by an applicant where the employer
                                                                          can prove that, because the applicant engaged had
                                                                          superior qualifications, the unsuccessful applicant
                JUDGMENT OF THE COURT                                     would not have obtained the vacant position even if
                                                                          there had been no discrimination in the selection
                        of 22 April 1997                                  process. In contrast, the Directive precludes provisions
                                                                          of domestic law which, unlike other provisions of
in Case C-l 80/95 (reference for a preliminary ruling from                domestic civil and labour law, prescribe an upper limit
the Arbeitsgericht Hamburg ): Nils Draehmpaehl v. Urania                  of three months ' salary for the amount of
                   Immobilienservice oHG (')                              compensation which may be claimed by an applicant
(Social policy — Equal treatment for men and women —                      discriminated against on grounds of sex in the making
Directive 76/207/EEC — Right to reparation in the event                   of an appointment where that applicant would have
of discrimination as regards access to employment —                       obtained the vacant position if the selection process
                                                                          had been carried out without discrimination .
Choice of sanctions by the Member States — Setting of a
         ceiling for aggregate of compensation awards)
                          ( 97IC 199/08 )
                                                                      3 . Directive 76/207/EEC precludes provisions of
                                                                          domestic law which, unlike other provisions of
                                                                          domestic civil and labour law, impose a ceiling of six
                 (Language of the case: German)                           months ' earnings of the aggregate amount of
                                                                          compensation which, where several applicants claim
                                                                          compensation, may be claimed by applicants who have
                                                                          been discriminated against on grounds of their sex in
  (Provisional translation; the definitive translation will be            the making of an appointment.
           published in the European Court Reports)
                                                                      H OJ No C 208 , 12 . 8 . 1995 .
In Case C-l 80/95 : reference to the Court under Article 177
of the EC Treaty from the Arbeitsgericht ( Labour Court)
Hamburg ( Germany ) for a preliminary ruling in the