Hellmut Marschall v Nordhein - Westfalen [1997]

 M, a male German teacher, applied for a higher position. The local civil service rules gave priority to female applicants of equal suitability and professional performance, "unless reasons specific to an individual candidate tilt the balance in his favour", and a woman was appointed.

In M's action seeking an order he be appointed the Verwaltungsgericht Gelsenkirchen found that M and the female candidate selected were equally qualified and decided the outcome of the case depended on…