ABSTRACT

The doctrine of the supremacy of Community law makes it necessary to determine the precise mechanism by which provisions of the Treaty take effect within the domestic law of the Member States. One essential question is whether a Treaty Article may have only vertical direct effect (creating an obligation on the State to the individual) or whether it has also horizontal direct effect (creating obligations between individuals). In the context of EC discrimination law, that amounts to a question of whether or not private employers – as well as State employers – can be sued by a worker.