Judgment_paragraph 16 · Maria Nelleke Gerda van den Akker and others v Stichting Shell Pensioenfonds (C-28/93)

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] ECR I-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 application of Article 119 in national law, remain the only valid point of reference.

Maria Nelleke Gerda van den Akker and others v Stichting Shell Pensioenfonds (C-28/93)

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