EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62009CA0236 - EN - Case C-236/09: Judgment of the Court (Grand Chamber) of 1 March 2011 (reference for a preliminary ruling from the Cour constitutionnelle (Belgium)) — Association Belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres (Reference for a preliminary ruling — Fundamental rights — Combating discrimination — Equal treatment for men and women — Access to and supply of goods and services — Insurance premiums and benefits — Actuarial factors — Sex as a factor in the assessment of insurance risks — Private life assurance contracts — ...[+++] Directive 2004/113/EC — Article 5(2) — Derogation not subject to any temporal limitation — Charter of Fundamental Rights of the European Union — Articles 21 and 23 — Invalidity) // Judgment of the Court (Grand Chamber) of 1 March 2011 (reference for a preliminary ruling from the Cour constitutionnelle (Belgium)) — Association Belge des Consommateurs Test-Achats ASBL, Yann van Vugt, Charles Basselier v Conseil des ministres // (Case C-236/09) - ( // (Reference for a preliminary ruling - Fundamental rights - Combating discrimination - Equal treatment for men and women - Access to and supply of goods and services - Insurance premiums and benefits - Actuarial factors - Sex as a factor in the assessment of insurance risks - Private life assurance contracts - Directive 2004/113/EC - Article 5(2) - Derogation not subject to any temporal limitation - Charter of Fundamental Rights of the European Union - Articles 21 and 23 - Invalidity)

(25) In its case-law[33] on positive action and the compatibility thereof with the principle of non-discrimination on ground of sex (now also laid down in Article 21 of the Charter of Fundamental Rights of the European Union), the Court of Justice of the European Union accepted that priority may in certain cases be given to the under-represented sex in selection for employment or promotion, provided that the candidate of the under-represented sex is equally qualified as the competitor of the other sex in terms of suitability, competen ...[+++]ce and professional performance, that the priority is not automatic and unconditional but may be overridden if reasons specific to an individual candidate of the other sex tilt the balance in that candidate's favour, and that the application of each candidate is subject of an objective assessment which takes account of all criteria specific to the individual candidates.

The Commission today approved the use of the new discriminatory test as well as guidelines on the use of the test, so that the use of marker vaccines in conjunction with this test would not pose unacceptable risks in relation to the movements or trade of the vaccinated pigs, their offspring and their products.

In 2003 an evaluation of a newly developed discriminatory test has been carried out by the Community Reference Laboratory for CSF in co-operation with the National Reference Laboratories in the Member States.

Any future use of marker vaccines and the accompanying discriminatory test will remain subjected to an "ad hoc" approval by the Commission, following the submission of an emergency vaccination plan by the Member State concerned after CSF outbreaks.

Further development of discriminatory tests, which the Commission has already supported during the several years, would allow vaccinated animals to be easily distinguished from infected animals not only on a herd base as the current tests do but on an individual basis.