January 23
2022
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21st April 2021
Human Rights

Op-Ed: “It’s (not) all ‘bout the money: The Court’s ruling in Braathens Regional Aviation” by Anna Wallerman Ghavanini

The Court of Justice has a long history as a champion of effective judicial protection in equal treatment law, starting from the landmark ruling in von Colson and Kamann (14/83) in 1984, in which it established that compensation for victims of discriminatory behaviour must not be merely nominal but adequate in relation to the damage sustained and, in particular, sufficient to have a deterrent effect. This conclusion has subsequently been upheld and  refined in a long line of cases on judicial protection in the field of equal treatment law including Marshall (C-271/91), Draehmpaehl (C-180/95)and Arjona Camacho (C-407/14), establishing inter alia that financial compensation cannot be only partial or conditional on fault on the part of the

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