Positive Action before the European Court of Justice — New Conceptions of Equality in Community Law? From Kalanke and Marschall to Badeck - International Journal of Comparative Labour Law and Industrial Relations View Positive Action before the European Court of Justice — New Conceptions of Equality in Community Law? From Kalanke and Marschall to Badeck by - International Journal of Comparative Labour Law and Industrial Relations Positive Action before the European Court of Justice — New Conceptions of Equality in Community Law? From Kalanke and Marschall to Badeck 16 3

The ECJ's judgement in Badeck is the third on the admissibility of positive action measures under Community Law. The measures, at issue in all three cases, instituted positive action to combat gender discrimination in public employment in Germany. In the near future, the Court will rule on a claim instituted against a positive action measure used in Swedish Universities (Case C-407/98, Abrahamsson and others). Thus, this debate will soon lose its Germanic taste. This comment analyses the new decision and discusses the conception of equality which might be inferred from all the judgements.

International Journal of Comparative Labour Law and Industrial Relations