4.2.8 Plausible routes in Dutch law

196. From AMS it has become clear that in horizontal proceedings legislative provisions cannot be reviewed against every general principle or Charter provision.1Dansk Industri clarifies that the review function of the general principle on the prohibition of age discrimination in horizontal proceedings is linked to the applicability of a directive. Keeping these cases in mind, the following analysis takes the situations in Mangold and Kücükdeveci as a point of departure and focuses on instruments available to Dutch courts confronted with age discrimination in a legal relationship between private parties falling within the scope of Directive 2000/78. Wherever possible, the section provides for a more general picture on relevant legal instruments that can be employed to determine the concrete legal consequences of a substantive compatibility review in a horizontal legal relationship.