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Kalanke v Freie Hansestadt Bremen
''Kalanke v Freie Hansestadt Bremen'' (1995) (C-450/93 ) is a German and EU labour law case, concerning positive action. It was qualified in ''Marschall v Land Nordrhein Westfalen'' (1997) (C-409/95 ).
==Facts==
Mr Kalanke and a woman were shortlisted for promotion to a management position in the city’s parks department. Both were equally qualified. The council’s rules gave automatic priority, if two candidates were equally qualified, to women in sectors where they were underrepresented. That meant less than half in any pay bracket. Mr Kalanke claimed it was discrimination under Directive 76/207/EC art 2(1) and art 2(4).
AG Tesauro concluded it would be unlawful. At paragraph 28 he said, ‘Formal, numerical equality is an objective which may salve some consciences, but it will remain illusory and devoid of all substance unless it goes together with measures which are genuinely destined to achieve equality, which was not the case in this instance and, in any event, it was not claimed that any such measures were significant. In the final analysis, that which is necessary above all is a substantial change in the economic, social and cultural model which is at the root of the inequalities — a change which will certainly not be brought about by numbers and dialectical battles which are now on the defensive.’
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