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Summary

European Court of Justice (ECJ), July 22, 2016

Case C-409/16. Sex discrimination

Is Article 1(1) of Presidential Decree 90/2003, which amended Article 2(1) of Presidential Decree 4/1995 and provides that civilian candidates for the Officers’ School and the School for Policemen of the Police Academy must, amongst other qualifications, “be of a height (in the case of men and women) of at least 1.70 m”, compatible with Directives 76/207/EEC, 2002/73/EC and 2006/54/EC, which prohibit any indirect discrimination on grounds of sex as regards access to employment, vocational training and promotion, and working conditions, in the public sector (unless that ultimate different treatment is attributable to factors which are objectively justified and are unrelated to any discrimination on grounds of sex, and does not go beyond what is appropriate and necessary in order to serve the objective pursued by the measure)?