LIST OF CASES / Marschall v Land Nordrhein-Westfalen 2001

[2001 ICR 45, ECJ case C-409/95 (also reported at ]1998 IRLR 39)

NOTES

Hellmut Marschall v Land Nordrhein-Westfalen, ECJ Case C-409/95 on 11th November 1997, reported at [2001] ICR 45 and also at [1998] IRLR 39.

Authority for the proposition that

positive sex discrimination in favour of female candidates for job promotion is NOT invariably contrary to EC law.

Positive sex discrimination can be lawful if "an objective assessment of each individual candidate, irrespective of sex of the candidate in question, is assured and that, accordingly, promotion of a male candidate is not excluded from the outset".

This decision of the ECJ did not follow the opinion of Advocate General Jacobs (15th May 1997) and refines the earlier ECJ decision in Kalanke v Freie Hausestadt Bremen 1995 IRLR 660, ECJ - see Kalanke v Freie Hansestadt Bremen ECJ 1996

For relevant general notes see Sex discrimination/positive discrimination .

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prepared Dec97;