Official Journal of the European Union

C series

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C/2025/4037

28.7.2025

(Case C-320/25, Lertimene

(C/2025/4037)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: HG

Defendant: Ministero dell’Interno – Dipartimento della pubblica sicurezza

Question referred

Does European Union law, and in particular Article 2(1)(b) of Directive 2006/54/EC, (2) Articles 21 and 23 of the Charter of Fundamental Rights of the European Union, the principle of non-discrimination on grounds of sex, the principles established in interpreting Directive 2000/78/EC (3) and the principle of proportionality, preclude the national legislation laid down in Article 3(7-quinquies) of Legislative Decree No 95/2017 and in Article 3(2) and Table 1(2)(b) of Ministerial Decree No 198/2003, as applied by the public security administration and interpreted in case-law, which allows the exclusion of a female candidate from a selection procedure for a position in the police force on the ground that she has a tattoo in an area not covered by her uniform, where that tattoo is visible only when she is wearing the dress uniform required for representation duties, in the version requiring the wearing of a skirt and décolleté shoes?

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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (OJ 2006 L 204, p. 23).

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).

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ELI: http://data.europa.eu/eli/C/2025/4037/oj

ISSN 1977-091X (electronic edition)

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