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Sex discrimination: Positive action measures in favour of women were compatible with Community law

This report relates to 1 case(s)

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    Application by Badeck [2000] IRLR 432 ECJ (1 other report)

    • ECJ backs positive discrimination

      Date:
      1 July 2000

      In Application by Badeck (28 March 2000) EOR92B, the European Court of Justice rules that a measure which gives priority in promotion to women, where they are equally qualified to men, in sectors where women are underrepresented is compatible with EU law if it does not automatically and unconditionally give priority to women, and the candidates are the subject of an objective assessment which takes account of their specific personal situations.

On an application by Georg Badeck and others [2000] IRLR 432, the European Court of Justice rules that provisions of German legislation - the aim of which was equal access of women and men to posts in the public service by the adoption of advancement plans for women with binding targets - were not precluded by the EC Equal Treatment Directive. A measure that is intended to give priority in promotion to women in sectors of the public service where they are underrepresented must be regarded as compatible with Community law if it does not automatically and unconditionally give priority to women when women and men are equally qualified, and the candidatures are the subject of an objective assessment that takes account of the specific personal situations of all candidates.