PRESS RELEASE No 15/03
11 March 2003
Judgment of the Court of Justice in Case C-186/01
Alexander Dory v Federal Republic of Germany
COMMUNITY LAW DOES NOT PRECLUDE THE OBLIGATION OF MILITARY SERVICE BEING IMPOSED ONLY
ON MEN
The delay which may be suffered in a career is an inevitable consequence
of the choice made by the State concerning military organisation and does not
mean that that choice falls within the scope of Community law
The Kreiswehrersatzamt rejected Mr Dory's request for exemption, and he thereupon brought proceedings
before the Verwaltungsgericht (Administrative Court) Stuttgart. That court asked the Court of Justice
whether the fact that, in Germany military service is compulsory for men only,
is contrary to Community law. The German court observed in particular that compulsory
military service entails a delay in access of men to employment and to
vocational training.
The Court of Justice points out, first, that measures taken by the Member
States concerning the organisation of their armed forces are not excluded in their
entirety from the application of Community law solely because they are taken in
the interests of public security or national defence. Thus the Court previously held 2that
Directive 76/207 3 was applicable to access to posts in the armed forces, and
that it was for the Court to ascertain whether measures taken by the
national authorities, in the exercise of their acknowledged discretion, in fact pursued the
aim of guaranteeing public security, and whether they were appropriate and necessary to
achieve that aim.
However, the Court considers that Community law does not govern the Member States'
choices of military organisation for the defence of their territory or of their
essential interests.
Germany's decision to ensure its defence in part by compulsory military service is
the expression of such a choice of military organisation to which Community law
is not applicable. That choice, enshrined in the German constitution (Grundgesetz), consists in
imposing on men an obligation to serve the interests of territorial security, even
if this may entail a delay in the access of young people to
the labour market and in their careers.
Finally, the Court considers that the adverse consequences for access to employment cannot
compel the Member State either to extend the obligation of military service to
women, thus imposing on them the same disadvantages with regard to access to
employment, or to abolish compulsory military service. That would encroach on the powers
of the Member States.
Available in English, Finnish, French, German, Greek and Spanish For the full text of the judgment, please consult our Internet page www.curia.eu.int For further information please contact Chris Fretwell Tel (00 352) 4303 3355, Fax (00 352) 4303 2731 Pictures of the delivery of the judgment are available on "Europe by Satellite" European Commission, Press and Communication, L-2920 Luxembourg, Tel (00 352) 4301 35177, Fax (00 352) 4301 35249, or B-1049 Brussels, Tel (00 32) 2 2964106, Fax (00 32) 2 2965956 or (00 32) 2 2301280 |