European Court of Justice
11 March 2003
Facts
The applicant was called up for compulsory military service in Germany. He complained that, at the time, women were not subject to conscription, and therefore the system, in his view, violated the principle of gender equality.
Questions referred to the CJEU
Does the fact that military service in Germany is compulsory only for men contravene Community law?
Court decision
The Court held that compulsory military service does not fall within the scope of European Community law, as it is a matter of purely national competence. The areas of defence and military organisation are not regulated by Community law, and thus Member States are free to determine their own conscription systems, including the decision to conscript only men. The Court also noted that Community law provisions on equality in employment and occupation do not apply to compulsory military service, as such service does not constitute “employment” or “occupation” within the meaning of Community law.
The Court further observed that making military service compulsory only for men may, in general, slow down their professional careers, even if service may provide some conscripts with additional education or opportunities for later careers in the armed forces. However, such a delay in professional advancement is an inevitable consequence of a Member State’s sovereign decision in the field of military organisation and does not bring that decision within the scope of Community law.