Keywords
Summary

Keywords

1. Community law — Principles — Fundamental rights — Prohibition of discrimination on grounds of sex — Condition governing the legality of Community acts

2. Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Doctors — Directives 86/457 and 93/16 — Specific training in general medical practice — Requirement of a certain number of full-time training periods — Assessment in the light of the principle of the prohibition of discrimination on grounds of sex — Whether permissible — ( Council Directives 76/207, 86/457, Art. 5(1), and 93/16, Art. 34(1))

Summary

1. Compliance with the prohibition of indirect discrimination on grounds of sex, which forms part of the fundamental rights the observance of which, as general principles of Community law, the Court has a duty to ensure, is a condition governing the legality of all measures adopted by the Community institutions.

see paras 25, 28, operative part 1

2. Article 5(1) of Directive 86/457 on specific training in general medical practice and Article 34(1) of Directive 93/16 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications, according to which part-time training in general medical practice must include a certain number of periods of full-time training, are not incompatible with the prohibition on indirect discrimination on grounds of sex within the meaning of Directive 76/207.

Although such a requirement works particularly to the disadvantage of persons of the female sex as compared with persons of the male sex, it must however be regarded as justified by objective factors unrelated to discrimination on grounds of sex, since the Community legislature reasonably took the view that that requirement enables doctors to acquire the experience necessary, by following patients ' pathological conditions as they may evolve over time, and to obtain sufficient experience in the various situations likely to arise more particularly in general medical practice.

see paras 35, 40, 42, operative part 2