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CJEU judgment: Police rule on height limit may discriminate against women

The Court of Justice of the European Union (CJEU) has ruled that a law that lays down, as a criterion for admission to a police school, a minimum height requirement irrespective of sex may constitute unlawful discrimination against women.

However, the CJEU said the rule would not constitute discrimination if it could be proved it was necessary to the proper functioning of the police force.

The judgment is a request for preliminary ruling from the Symvoulio tis Epikrateias (Council of State) in Greece (Case C-409/16).

The case was brought by a female would-be police cadet, whose application to join the academy was turned down on grounds of height.

This case interprets Council Directive 76/207/EEC , amended by Directive 2002/73/EC . See also Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment.

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