64Furthermore, the occupational requirement must, as required by Article 4(2) of Directive 2000/78, be ‘genuine, legitimate and justified’, having regard to the ethos of the church or organisation. Although in principle, as stated in paragraph 61 above, it is not for the national courts to rule on the ethos as such on which the purported occupational requirement is founded, they are nevertheless called on to decide on a case-by-case basis whether those three criteria are satisfied from the point of view of that ethos.
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