3. Article 1 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation

must be interpreted as meaning that that directive is not applicable where a public authority, one directorate of which is responsible for conducting criminal investigations concerning officers employed by that authority, refuses, in its capacity as employer, to promote one of its officers on the sole ground that he or she had the status of suspect in such an investigation that was ultimately suspended, where that officer has not been accused of or faced criminal charges for the offence concerned.