Opinion of the Advocate General — ECLI:EU:C:1999:490
Date: 1999-10-07
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Social policy — Men and women — Access to employment and working conditions — 
Equal treatment — Refusal to appoint a pregnant woman because of a statutory 
prohibition against employing ber in the post to be filled — Not permissible 
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SUMMARY — CASE C-207/98 
Article 2(1) and (3) of Directive 76/207 on 
the implementation of the principle of 
equal treatment for men and women as 
regards access to employment, vocational 
training and promotion, and working con­
ditions precludes a refusal to appoint a 
pregnant woman to a post for an indefinite 
period on the ground that a statutory 
prohibition on employment attaching to 
the condition of pregnancy prevents her 
from being employed in that post from the 
outset and for the duration of the preg­
nancy. The application of provisions con­
cerning the protection of pregnant women 
cannot result in unfavourable treatment 
regarding their access to employment. 
(see paras 27, 30 and operative part) 
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