European Court of Justice
26 October 1999
Facts
The applicant, a United Kingdom citizen, served as a professional army cook. She sought to join the Royal Marines, but her application was rejected based on national policy prohibiting women from serving in combat units of the Royal Marines.
Questions referred to the CJEU
The national court requested clarification on whether the directive prohibiting sex discrimination in employment applies to military service.
Court decision
The Court acknowledged that the exclusion of women from certain military units constitutes differential treatment based on sex. However, it emphasised that under European Union law, the prohibition of discrimination is not absolute - Member States may introduce exceptions if necessary to ensure the effectiveness and combat readiness of their armed forces.
The Court found that the United Kingdom could reasonably consider that the combat role of the Royal Marines required exceptional cohesion and physical capability, and that excluding women could be justified on these grounds. Therefore, the national policy did not contravene European Union law.