Kalanke v Freie Hansestadt Bremen [1995] IRLR 660 ECJ

Reports relating to this case:

  • Sex discrimination: Equal Treatment Directive outlaws positive discrimination

    Date:
    1 January 1996

    In Kalanke v Freie Hansestadt Bremen, the European Court of Justice holds that the Equal Treatment Directive precludes national rules which guarantee women equally qualified with men automatic selection for appointment or promotion to posts in which women are underrepresented.

  • Positive discrimination prohibited

    Date:
    1 January 1996

    In Kalanke v Freie Hansestadt Bremen (17 October 1995) EOR65A, the European Court of Justice rules that a German law giving equally qualified women preference against men in selection for public sector jobs in which women were underrepresented did not fall within the exception to the principle of nondiscrimination permitted by Article 2(4) of the Equal Treatment Directive.