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Equal treatment: ECJ on positive discrimination

This report relates to 1 case(s)

  • expand disabled

    Briheche v Ministre de l'Interieur, Ministre de l'Éducation Nationale et Ministre de la Justice Case C-319/03 ECJ (0 other reports)

Key points

In Briheche v Ministre de l'Interieur, Ministre de l'Éducation Nationale et Ministre de la Justice, the European Court of Justice holds:

  • A national law removing the upper age limit of 45 for eligibility for public service posts, in the cases of women with three or more children; non-remarried widows; divorced women who have not remarried and single and legally separated women with at least one child in their care, did not fall within the scope of art.2(4) of the Equal Treatment Directive, because the exception automatically excluded non-remarried widowers in the same circumstances.
  • Such a measure would not be permitted by art.141(4) of the EC Treaty, as that provision does not allow measures that are disproportionate for achieving the aim pursued.