H. Lommers v. Minister van Landbouw, Natuurbeheer en Visserij, Case C-476/99, CJEU, 19 March 2002

Denial of the employer to allow male employees with children to use the nursery service, reserved for female employees. No discrimination based on sex.
 

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.

Art. 2 numbers 1 and 4, of Directive 76/207, does not preclude a discipline created ad hoc to limit the under-representation of female workers at the workplace under which the places in subsidized nursery are reserved for female employees, while male employees can use them only in specific cases assessed by the employer. The derogation, thus provided for in favor of male employees, must be interpreted as allowing those who have custody of the children alone to have access to the subsidized nursery system under the same conditions as female employees.

(Case relating to the appeal against the denial of the Dutch Ministry of Agriculture, Natural Heritage and Fisheries to allow male employees to use the company nursery service, which is allowed to female employees, except for employees of male sex had custody of children and subject to evaluation by the Ministry)