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He sought an order iPhone Cases that he was in fact appointed. The Verwaltungsgericht Gelsenkirchen made a reference to the ECJ asking whether the rule was compatible with the Equal Treatment Directive 76/207/EC art 2(1) and 2(4). The art 2(4) derogation could be triggered where positive action aimed to counteract 'the prejudicial effects on female candidates' of stereotyped attitudes about women at work.23 in paragraph 16 of its judgment in Kalanke, the Court held that a national rule which provides that, where equally qualified men and women are candidates for the same promotion in fields where there are fewer women than men at the level of the relevant post, women are automatically to be given priority, involves discrimination on grounds of sex.24 However, unlike the provisions in question in Kalanke, the provision in question in this case contains a clause ('ffnungsklausel', hereinafter 'saving clause') to the effect that women are not to be given priority in promotion if reasons specific to an individual male candidate tilt the balance in his favour.25 It is therefore necessary to consider whether a national rule containing such a clause is designed to promote equality of opportunity between men and women within the meaning of Article 2(4) of the Directive.28 As the Council stated in the third recital in the preamble to Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ 1984 L 331, p.

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