Positive measures

The European Court of Justice has held that a scheme which is aimed at improving the participation of women in the labour market, through the offer of subsidised nursery places would not be contrary to the equal treatment directive, even though it may not apply equally to male employees.

The ruling represents another milestone in the court's attempts to encourage positive measures to address existing discrimination. The court held that provided that male employees, who had sole caring responsibilities for their children, were also offered access to nursery places on the same conditions as female workers then the principle of equal treatment was not offended.

* The case is Lommers v Minister van Landbouw C-476/99 and the ruling was given on 19 March 2002.