Request for a preliminary ruling from the Symvoulio tis Epikrateias (Greece) lodged on 22 July 2016 — Ypourgos Esoterikon, Ypourgos Paideias kai Thriskevmaton v Maria-Eleni Kalliri

(Case C-409/16)

(2016/C 392/08)

Language of the case: Greek

Referring court

Symvoulio tis Epikrateias (Greece)

Parties to the main proceedings

Appellants: Ypourgos Esoterikon, Ypourgos Paideias kai Thriskevmaton

Respondent: Maria-Eleni Kalliri

Question referred

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, (1) 2002/73/EC (2) and 2006/54/EC, (3) 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)?

(1)  Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40).

(2)  Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 269, p. 15).

(3)  Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23).