Judgment_paragraph 16 · Constance Christina Ellen Smith and others v Avdel Systems Ltd (C-408/92)

16Moreover, in paragraphs 18 to 20 of its judgment of 7 February 1991 in Case C-184/89 Nimz v Freie und Hansestadt Hamburg [1991] ECRI-297, the Court held that a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by collective bargaining or by any other constitutional procedure, and to apply to members of the disadvantaged group the same arrangements as those enjoyed by other workers, arrangements which, failing correct implementation of Article 119 in national law, remain the only valid point of reference.

Constance Christina Ellen Smith and others v Avdel Systems Ltd (C-408/92)

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