The European Court of Justice has been asked by an Ashford industrial tribunal (Chair: G W Davis) in Rudling v PSA Services and another to rule on the proper test to be applied under EC law in order to determine whether a practice has a disparate impact upon women.
In Marleasing SA v La Comercial Internacional de Alimentacion Case C-106/89 ECJ, the European Court of Justice held that a national court hearing a case that falls within the scope of an EC Directive is required to interpret its national law in the light of the wording and scope of that Directive, whether the provisions in question were adopted before or after the Directive.