ECJ's decision in infringement procedure against the UK

19 March 2010

Judgment in Commission v United Kingdom (C-186/09)

In its judgment of 4 February 2010, the European Court of Justice found that the UK failed in its obligations to implement Directive 2004/113 on equal treatment between women and men in the access to and supply of goods and services in time.

The Directive was to be implemented in Member States by 21 December 2007. The UK notified the Commission in April 2008 of the adoption of the Sex Discrimination (Amendment of Legislation) Regulations 2008. In relation to Gibraltar, however, the UK indicated that the necessary legislation was awaiting ministerial approval. As this position did not appear to change, the Commission brought an action before the Court for failure to implement the Directive in respect of Gibraltar.

The UK had admitted only partial transposition of the Directive and stated that the legislation concerning Gibraltar should be in place before the end of 2009. Nevertheless, the Court found that the UK failed in its obligations to implement Directive in time.

Read the judgment here.

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