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Sex discrimination: Limitation of access by women to military posts was unlawful

This report relates to 1 case(s)

Provisions of German law that imposed a general exclusion of women from military posts involving the use of arms, and allowed them access only to the medical and military-music services, were precluded by the EC Equal Treatment Directive, rules the ECJ in Kreil v Bundesrepublik Deutschland 11.1.00 Case C-285/98. Member states may exclude from the scope of that Directive occupational activities where sex is a determining factor, but this derogation must be interpreted strictly, and, in determining its scope, the principle of proportionality must be observed. Here, the national authorities could not, without contravening that principle, adopt the general position that the composition of all armed units in the German army had to remain exclusively male.