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Danish Supreme Court infringes the EU Treaties by its ruling in the Ajos case
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Sammanfattning
This article discusses the rulings of the CJEU1 and the Danish Supreme Court2 in the Ajos-case. This case is about the general principle of prohibition of age discrimination. The dispute concerned two private persons – an employer and an employee – who disagreed on the payment of a severance allowance. The main legal issue in the case is how EU law is to be applied by the national courts in the context of disputes between private persons. The Ajos-case is a Danish example of the reception of the CJEU’s judgments in Mangold 3 and Kücükdeveci4 in national courts, see these cases and the reception of them by the German Bundesverfassungsgericht below in section 5. In its judgment in the Ajos-case, the CJEU upheld its findings in Mangold and Kücükdeveci. The Danish Supreme Court defied the CJEU and did the opposite of what the CJEU had held it was obliged to do. |
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Danish Supreme Court infringes the EU Treaties by its ruling in the Ajos case |
Texten har även publicerats i:
Europarättslig Tidskrift |
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