C-427/06 Bartsch [2008] ECR I-7245
A provision preventing a widow(er) from receiving a pension if they had been more than 15 years older or younger than their spouse would have breached the directive 2000/78 had it been created after that directive, but that the courts could not impose the anti-discrimination principle on actions that were not within the scope of Article 13 EC (non-discrimination against age), such as actions that were taken before the directive’s implementation deadline.
Sharpston AG
He suggested that, once the Framework Directive had been implemented, there was a framework (a national rule implementing a Directive) on which the general principles of Community law could bite. This had not been the case in 2004.
Those general principles could then be enforced horizontally (in the private as well as the public sector), operating through the Framework Directive.
The reasoning of a general enforceable principle in Mangold of non-discrimination was flawed - hence courts didn’t refer to decision in Palacios de la Villa nor Chacon Navas.
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