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Sex discrimination: Considerations of budget alone cannot justify discrimination

This report relates to 1 case(s)

In order to determine whether a set of provisions governing the exercise of a professional activity were indirectly discriminatory on the grounds of sex, a court has to make a separate, not an overall, assessment of each of the key provisions, the ECJ rules in Jorgensen v Foreningen af Speciallaeger and Sygesikringens Forhandlingsudvalg 6.4.00 Case C-226/198. Furthermore, although budgetary considerations cannot, of themselves, justify discrimination on grounds of sex, measures intended to ensure sound management of public expenditure may be justified provided they meet a legitimate objective of social policy and are appropriate and necessary to that end.