Preferential Treatment of Women in the Light of the Kalanke Case

Essay from the year 1997 in the subject Law - European and International Law, Intellectual Properties, grade: 75/100 P., Lancaster University (Law Deartment), course: LLM 208: European Union Law, language: English, abstract: On 17 October 1995 the European Court of Justice has decided in its Kalanke case that national positive action measure giving priorities to a woman for a higher post in the public employment sector is contrary to the scope of Art. 2(4) of the Equal Treatment Directive (76/207/EC). The case concerns a request for a preliminary ruling by the Federal Labour Court on whether preferential treatment of women, in the case of under-representation laid down in the Bremen provisions, is lawful pursuant to articles 2(1) and 2(4) of the Equal Treatment Directive.