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Sirdar v Army Board and Another , Case C-273/97, 26 October 1999

Facts: The applicant worked as a chef in the British Army since and was refused employment as a chef in the Royal Marines on the ground of a standing policy excluding women from service.

Complaint: the applicant complained of sex discrimination against the Army Board and the Secretary of State for Defense

Holding: the ECJ did not find a violation of article 2 of the Council Directive 76/207/EEC on equal treatment in employment matters.

Reasoning:   national decisions concerning the organization and management of the armed forces must generally observe the principle of equal treatment between men and women. However the Royal Marines, as special combat units pursuing activities for which sex is a determining factor, were entitled to exclude women under article 2(2) of the Directive.

 

 

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