Judgment_paragraph 19 · Tonina Enza Iaia and Others v Ministero dell’Istruzione, dell’Università e della Ricerca and Others (C-452/09)

19The Court has, however, subsequently acknowledged that a defaulting Member State may rely on the expiry of a limitation period as a defence against legal proceedings, even though by the date on which the actions in question were brought that Member State had not yet correctly transposed the directive in question, ruling that the solution established in Emmott had been justified by the circumstances particular to that case, in which a time-bar had had the result of depriving the applicant in the main proceedings of any opportunity whatever to invoke her right to equal treatment under a directive (see Case C-338/91 Steenhorst-Neerings [1993] ECR I-5475; Case C-410/92 Johnson [1994] ECR I-5483; Fantask and Others, paragraphs 50 to 52; Case C-30/02 Recheio - Cash & Carry [2004] ECR I-6051; and Danske Slagterier, paragraphs 53 to 56).

Tonina Enza Iaia and Others v Ministero dell’Istruzione, dell’Università e della Ricerca and Others (C-452/09)

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