«(Inapplicability of Community law to compulsory military service – Equal treatment of men and women – Article 2 of Directive 76/207/EEC – Compulsory military service in Germany limited to men only – Directive not applicable)»

1.. Community law – Scope – National measures concerning the organisation of the armed forces – No general exception for measures taken for reasons of public security

2.. Social policy – Men and women – Access to employment and working conditions – Equal treatment – Directive 76/207 – Scope – Access to posts in the armed forces – Included – Discretion of the Member States – Scope – Judicial review (Council Directive 76/207)

3.. Community law – Scope – Member States' choices of military organisation for the defence of their territory or of their essential interests – Compulsory military service for men only – Excluded

JUDGMENT OF THE COURT 11 March 2003 (1)

((Inapplicability of Community law to compulsory military service – Equal treatment of men and women – Article 2 of Directive 76/207/EEC – Compulsory military service in Germany limited to men only – Directive not applicable))

In Case C-186/01,

REFERENCE to the Court under Article 234 EC by the Verwaltungsgericht Stuttgart (Germany) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 2 of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40), and, more generally, on the compatibility with Community law of the limitation of compulsory military service in Germany to men,

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Dory, represented by W. Dory and C. Lenz, Rechtsanwälte; the German Government, represented by W.-D. Plessing, assisted by C. Tomuschat, Sachverständiger; the Finnish Government, represented by T. Pynnä; and the Commission, represented by J. Sack, at the hearing on 16 April 2002,

after hearing the Opinion of the Advocate General at the sitting on 28 November 2002,

gives the following

Community law

National legislation

...

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT,

in answer to the question referred to it by the Verwaltungsgericht Stuttgart by order of 4 April 2001, hereby rules:

Rodríguez Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

Edward

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 11 March 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President