Badeck & Ors (Social policy) [2000] EUECJ C-158/97 (28 March 2000)

Badeck & Ors (Social policy) [2000] EUECJ C-158/97 (28 March 2000)

Article 2(1) and (4) of Directive 76/207/EEC does not preclude national rules that give priority to women in sectors where they are under-represented, prescribe minimum percentages for women in academic posts, allocate at least half of training places to women, guarantee interviews for qualified women, and recommend...

Source-derived case information.

Citation
[2000] EUECJ C-158/97
Parties
Applicant: Mr Badeck and Others; Intervenor: Hessischer Ministerpräsident; Intervenor: Landesanwalt beim Staatsgerichtshof des Landes Hessen
Jurisdiction
European Union
Judgment Date
28 March 2000
Procedural Posture
Preliminary Ruling / Judgment
Outcome
preliminary ruling issued
Legal Topics
Equal Treatment, Positive Action, Gender Discrimination, Public Sector Employment, Vocational Training, Promotion, Collective Bodies
European Union Law Employment Law Equality Law Equal Treatment Positive Action Gender Discrimination Public Sector Employment Vocational Training +2 more

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Parties

Mr Badeck and Others

Applicant

Hessischer Ministerpräsident

Intervenor

Landesanwalt beim Staatsgerichtshof des Landes Hessen

Intervenor

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Compatibility of national positive action measures with Article 2(1) and (4) of Directive 76/207/EEC
  2. 2 Whether binding targets and quotas for women in public sector employment, training, and collective bodies constitute prohibited discrimination

Ratio Decidendi

Article 2(1) and (4) of Directive 76/207/EEC does not preclude national rules that give priority to women in sectors where they are under-represented, prescribe minimum percentages for women in academic posts, allocate at least half of training places to women, guarantee interviews for qualified women, and recommend equal representation in collective bodies, provided such rules are not absolute and unconditional and ensure objective assessment of candidates' personal situations.

Court Disposition

preliminary ruling issued

Orders

  • Article 2(1) and (4) of Directive 76/207/EEC does not preclude the challenged national rules, subject to conditions of objective assessment and absence of absolute priority.
  • Costs for Netherlands and Finnish Governments and Commission not recoverable; costs for main parties to be determined by national court.