But this was just the beginning of a long-lasting controversy between German courts and legislation on the one hand,and the European Court of Justice on the other hand. In a famous decision of April 10,1984,the European court held that the German transformation of the Directive was inadequate. The European court argued that the Directive,although it did not explicitly mention a sanction for failure to comply with the equal treatment requirements, demanded such sanction, for the employee and as to have