(LUXEMBOURG) - A French law which prevented a British resident from receiving compensation following the death of his daughter is discriminatory and unjustifiable, a European court ruled Thursday.

The case concerns James Wood, a British national who has lived and worked in France for over 20 years with his French partner and their three French-national children.

The family claimed compensation after their eldest child was killed in a road accident in Australia, but the French system paid out only to the dead girl's mother and not to Woods himself.

However, the European Court of Justice in Luxembourg judged that the French law runs counter to EU rules as it states that a claimant must be French unless the acts occurred on French territory.

"Such unequal treatment, solely based on nationality, constitutes direct discrimination which cannot be justified," the court said in a written judgement.

The court concluded that European law "precludes legislation, such as the French legislation," which excludes other EU nations living and working in France from such compensation "on the sole ground of their nationality".

The "different treatment, based expressly and solely on Mr Wood's nationality, constitutes direct discrimination and cannot be justified," it added.

Woods had taken his case to a court in Nantes after the French Compensation Board ruled him ineligible for compensation for "non-material damage" suffered by the family.

The French tribunal referred the question to the EU court to check the compatibility of the French legislation with European law.

Judgment of the European Court of Justice in Case C-164/07 - Wood (ECJ press release, pdf)

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