Voorbeelden van het gebruik van Kalanke in het Engels en hun vertalingen in het Nederlands
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share the concern many of you feel over the Kalanke judgment.
The Court of Justice, in its judgment in the Kalanke case, ruled that Directive 76/207/EEC precludes positive action measures which"guarantee women absolute
HAVING REGARD to the Commission Communication on the interpretation of the Kalanke judgement(COM(96) 88 final);
In the Kalanke case the issue was whether the quota arrangements provided for under the equal opportunities law of the Land of Bremen were compatible with Directive 76/207/EEC.
The Commission is anxious that the controversy to which the Kalanke case has given rise should be ended definitively.
On 17 October 1995 the European Court of Justice delivered its judgement in Case C-450/93 Eckhard Kalanke v.
it dates from the time after the Kalanke and before the Marschall ruling, so it is certainly old enough!
Did it want to correct what many experts we consulted had referred to as the serious mistake committed in the Kalanke case?
In the Kalanke case, the issue was whether a German law on positive action was compatible with Directive 76/207/EEC2
I would just like, Mr President, to express the hope that women who feel discriminated against in the same way as Mr Kalanke may have been will take legal action.
Therefore, the Commission's proposal aims at permitting any positive measures not affected by the Kalanke judgment, including"preferential treatment provided that such measures do not preclude the assessment of the particular circumstances of an individual case.
The first is that the ruling of the Court of Justice in the Marschall case has made it broadly possible to clarify the meaning of its ruling in the Kalanke case.
Subsequent to the Commission proposal, the Marschall decision was given by the European Court of Justice which qualified the Kalanke decision and said that in certain circumstances positive discrimination could be lawful.
be here today and to have the opportunity to exchange views with you about the judgment that was given by the Court of Justice last week in the Kalanke case.
Mrs Lulling's report looks at the Commission's proposal on positive discrimination following the decision in the European Court of Justice, namely the Kalanke decision, which decreed that positive discrimination was not normally lawful.
On the basis of the Kalanke and Marschall rulings, the rapporteur rightly concludes that'only rigid,
equal treatment presented by the Commission, following the Kalanke ruling, which was the subject of many debates during the last'social matters' Council of 17 April last.
I should indeed like to consider this Kalanke judgment as no more than an unfortunate hiccup in a case law which has in fact proved to be rather favourable to the implementation of Community policy for equality between men
To safeguard against further litigation and ensure that the di rective specifically permits the kinds of positive action which remain untouched by Kalanke, the Commission proposed amending the wording of Article 2(4)
namely the Kalanke ruling, but let it have a free rein,
Whereas the Commission maintained its position that this amendment of the 1976 Directive is desirable to increase legal safety following the judgment of the Court of Justice of 17 October 1995 in the Kalanke case, most members of the Council do not agree that any such amendment is entailed by the judgment.
The Commission adopts a communication on the interpretation of the Court of Justice judg ment in Kalanke ν Freie Hansestadt Bremen
many delegations consider that an amendment of the Directive is not needed(since the Kalanke judgment did not challenge its validity) or would at least be premature,