Court of Justice 8 July 2004, C-203/03 (Commission of the European Communities v Republic of Austria.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. In this action brought under Article 226 EC, the Commission claims that Austrian legislation prohibiting the recruitment of women to specific posts in the mining industry and to posts involving work in a high-pressure atmosphere and as divers is incompatible with Articles 2 and 3 of the Equal Treatment Directive (2) (‘the