Factor

step one From the buy off thirteen July 1998, gotten at Judge to the twenty-four July 1998, brand new Verwaltungsgericht (Administrative Courtroom), Hanover, referred to the fresh Court getting a preliminary ruling under Blog post 177 of your EC Treaty (today Blog post 234 EC) a concern for the translation from Council Directive /EEC out-of 9 February 1976 with the utilization of the chief away from equal solution to men and women as to use of employment, vocational training and campaign, and dealing requirements (OJ 1976 L 39, p. forty, hereinafter `the latest Directive’), particularly Blog post dos thereof.

2 The question could have been raised when you look at the procedures ranging from Tanja Kreil as well as the Bundesrepublik Deutschland regarding the refusal to interact her for the the constant maintenance (firearm electronic devices) part of your Bundeswehr.

2. This Directive will be versus prejudice off to the right from User Claims in order to ban from the world of application those occupational issues and you may, where appropriate, the training best thereto, by which, from the cause of the characteristics or perhaps the perspective where it are performed, the fresh intercourse of your own personnel comprises a determining factor.

cuatro Post nine(2) of one’s Directive provides: `User States shall periodically gauge the occupational facts known during the Post dos(2) to ents, if discover excuse for maintaining the newest exceptions worried. They shall notify the fresh Payment of your own consequence of which investigations.’

`(1) Men who possess achieved the age of to get decades can be necessary to suffice in the Armed forces, on Federal Edging Shield, or perhaps in a civil Defence organisation.

(4) In the event the, if you find yourself a state regarding defence is obtainable, civilian solution conditions about civil social health insurance and medical program or perhaps in the brand new fixed military medical organisation can’t be came across into a voluntary base, female between eighteen and you can 50-five years old tends to be assigned to such as characteristics by the or pursuant to help you a law. They may under no circumstances provide service between the entry to possession.’

6 Availability for women so you’re able to military postings in the Bundeswehr is influenced specifically by Article 1(2) of Soldatengesetz (Law into Soldiers, hereinafter `the latest SG’) by Blog post 3a of the Soldatenlaufbahnverordnung (Regulation towards the Soldiers’ Work, hereinafter `new SLV’), hinge dating website centered on and that girls can get register simply as the volunteers and only about scientific and you may military-musical features.

7 Into the 1996, Tanja Kreil, who has been trained in electronic devices, removed volunteer provider in the Bundeswehr, requesting requirements inside the weapon electronic devices maintenance. The girl software is rejected by the Bundeswehr’s employment hub immediately after which by the their lead teams office on to the ground that ladies are banned legally away from providing within the military ranking involving the fool around with from hands.

8 Tanja Kreil after that brought an action about Verwaltungsgericht (Administrative Judge) Hannover claiming particularly that the rejection regarding this lady application with the basis founded only for her intercourse is actually in comparison to People rules.

nine Due to the fact case necessary a translation of one’s Directive, this new Verwaltungsgericht Hannover made a decision to remain the proceedings also to refer next concern into Court to have a primary ruling:

Towards the purposes of the second conditions, the principle away from equal treatment should mean that here will be no discrimination after all into the factor out of intercourse often individually or indirectly by resource in particular so you’re able to ily reputation

`Is actually Council Directive /EEC off nine March 1976, specifically Article 2(2) of this directive, infringed because of the third sentence away from Post step 1(2) of your Soldatengesetz (Laws towards Soldiers) throughout the sort of concluded because of the Laws off cuatro December 1997 (Bundesgesetzblatt I, p. 2846), and you can Blog post 3a of the Soldatenlaufbahnverordnung (Rules on Soldiers’ Professions), about type blogged into the twenty eight January 1998 (Bundesgesetzblatt I, p. 326), around and this women that register as the volunteers tends to be interested simply on scientific and you can armed forces-songs qualities and so are omitted anyway out of equipped service?’