Remedies and sanctions in EC non-discrimination law. Effective, proportionate and dissuasive national sanctions and remedies, with particular reference to upper limits on compensation to victims of discrimination

The most important as well as the most specific requirements under EC law regarding remedies were first
developed in the case law of the European Court of Justice concerning sex discrimination. Due to their general
nature and due to parallels between sex discrimination law and other areas of Community law, the requirements
resulting from sex equality case law are not limited to sex equality law but are also relevant in other contexts, such as the Race Equality Directive and the Employment Equality Directive.

It follows from the Court’s case law that the maxim ‘where there is a right, there must be a remedy’ is inherent in
the system of the EC Treaty. Accordingly, the right to a remedy is of a general nature under Community law and
does not depend upon the existence of explicit provisions stating it.

The European Network of Legal Experts in the Non-discrimination Field http://www.non-discrimination.net/

European Commission: DG Justice: Tackling discrimination http://ec.europa.eu/justice/discrimination/index_en.htm

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