Abrahamsson and Anderson v Fogelqvist (2000) C-407/98 is a Swedish and EU labour law case, concerning positive action.

Mr Anderson was slightly better qualified than his three female competitors for the post of Professor of Hydrospheric Science at the University of Göteborg.

The universities’ policy was to hire sufficiently qualified people in underrepresented group, even if that meant as in this case a less qualified woman, unless ‘the difference between the candidates’ qualification is so great that such application would give rise to a breach of the requirement of objectivity in the making of appointments.’ This policy was adopted after an earlier recruitment drive had failed.

The European Court of Justice held that this form of positive discrimination was unlawful because it overrode consideration of applicants' individual merits.

… even though Article 141(4) EC allows the Member States to maintain or adopt measures providing for special advantages intended to prevent or compensate for disadvantages in professional careers in order to ensure full equality between men and women in professional life, it cannot be inferred from this that it allows a selection method of the kind at issue in the main proceedings which appears, on any view, to be disproportionate to the aim pursued.