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case c-407/98 - abrahamsson and anderson against fogelqvist date of deposit: 26 october 1998 official journal: 1999/c 1/10 directive 76/207/eec reference for a preliminary ruling, Överklagandenämnden för högskolan (universities appeals board) question: 1. do articles 2(1) and 2(4) 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 preclude national legislation under which an applicant of the underrepresented sex possessing sufficient qualifications for a public post is to be selected in priority over an applicant of the opposite sex who would otherwise have been selected (‘positive special treatment') if there is a need for an applicant of the underrepresented sex to be selected and under which positive special treatment is not to be applied only if the difference between the applicants' qualifications is so great that such treatment would be contrary to the requirement of objectivity in the making of appointments? 2.

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