A provision in national legislation restricting the activities of women in the armed services to medical and military-music service, and restricting them from being involved in any arms bearing capacity, was in breach of the Equal Treatment directive. The Directive allowed exception for specified activities in which by their nature or context the sex of the worker was a determinative factor. That was not the case here. A member had a general discretion as to how it organised its armed forces, but that was still within European Community law. The Directive did not allow exclusion over all the activities in an organisation.
Times 22-Feb-2000, C-285/98, [2000] EUECJ C-285/98
Bailii
Council Directive 76/207 2(2) 2(3)
European
Updated: 24 August 2021; Ref: scu.162458