Sex discrimination: EC law precludes positive action measures granting automatic preference

In Abrahamsson and Anderson v Fogelqvist [2000] IRLR 732 the European Court of Justice rules that provisions of Swedish legislation intended to address the underrepresentation of women in university appointments were precluded by EC equal treatment legislation. The positive discrimination measures at issue granted automatic preference to candidates belonging to the underrepresented sex, so long as they were sufficiently qualified, subject only to the proviso that the difference between the merits of the candidates of each sex was not so great as to breach a domestic law requirement of objectivity in making appointments.