Ligebehandlingsdirektivet betragtning 33

English language version pr. 2026-10-06 tier 3 Direktiv 2006/54/EF, CELEX 32006L0054

It has been clearly established by the Court of Justice that in order to be effective, the principle of equal treatment implies that the compensation awarded for any breach must be adequate in relation to the damage sustained. It is therefore appropriate to exclude the fixing of any prior upper limit for such compensation, except where the employer can prove that the only damage suffered by an applicant as a result of discrimination within the meaning of this Directive was the refusal to take his/her job application into consideration.