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The long history of the Mangold case
Journal Title: GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI  
Author/s: Maximilian Fuchs 
Year:  2011 Issue: 129 Language: Italian 
Pages:  14 Pg. 81-94 FullText PDF:  470 KB
DOI:  10.3280/GDL2011-129003
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The case Mangold has ignited a very heated debate all over Europe. In Germany, prominent lawyers have put forward very harsh criticism against the ECJ. In the wake of a case similar to the one in Mangold, decided by the German Federal Labour Court along the lines of Mangold, the defendant company Honeywell lodged a constitutional complaint with the German Constitutional Court arguing that the judgment by the ECJ violated German Constitutional Law. The article presents the long story of the control of EU Law measures by the German Constitutional Court. On the basis of the tools developed by the ECJ itself («sufficiently serious breach of Community law») the German Constitutional Court denies that the judgment delivered by the ECJ in Mangold disregards the principle of ultra vires.
Keywords: Directive 2000/78/EC; Age discrimination; Equal treatment; Examination of EC measures by national Constitutional Courts; Ultra vires doctrine; Europarechtsfreundlichkeit; Sufficiently serious breach of EU Law

Maximilian Fuchs, The long history of the Mangold case in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 129/2011, pp. 81-94, DOI:10.3280/GDL2011-129003

   

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