Badeck and Others [2000] C-158/97

In brief

The Hesse civil service law set binding targets for women's representation across departments, with flexibility as to how they were met and with protection against absolute priority. The ECJ held the targets were compatible with Community equal-treatment law because they did not give women absolute and unconditional priority in the individual case. Badeck consolidates the distinction drawn in Marschall.

Key provisions

• para-23 — Targets with flexibility are permissible: Numerical targets, binding plans, reserved places and other flexible positive-action measures are compatible with the Equal Treatment Directive where they do not guarantee absolute and unconditional priority in the individual case and preserve individual assessment.

When relevant

Respondent argues that only a rigid exclusion rule would achieve the aim, The consulting analysis is making the case for alternatives the respondent failed to consider