# C_2012250EN.01000401.xml

| 18.8.2012 | EN | Official Journal of the European Union | C 250/4 |
| --- | --- | --- | --- |

18.8.2012

EN

Official Journal of the European Union

C 250/4

---

Judgment of the Court (Fourth Chamber) of 21 June 2012 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Leopold Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien

(Case C-15/11) (1)

1

(Accession of new Member States - Republic of Bulgaria - Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market - Directive 2004/114/EC - Conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service)

2012/C 250/06

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Leopold Sommer

Applicant:

Defendant: Landesgeschäftsstelle des Arbeitsmarktservice Wien

Defendant:

Re:

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof — Interpretation of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ 2004 L 375, p. 12), particularly of Article 17 thereof, and of paragraph 14 of Annex VI of the list referred to in Article 20 of the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union (OJ 2005 L 157, p. 104) — Rules of a Member State which make the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market — Possible application of Directive 2004/114/EC

Operative part of the judgment

Operative part of the judgment

| 1. | Paragraph 14 of Point 1 of Annex VI to the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union must be interpreted to mean that the conditions of access to the labour market by Bulgarian students, at the time of the events in the main proceedings, may not be more restrictive than those set out in Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service. |
| --- | --- |

1.

Paragraph 14 of Point 1 of Annex VI to the Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union must be interpreted to mean that the conditions of access to the labour market by Bulgarian students, at the time of the events in the main proceedings, may not be more restrictive than those set out in Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service.

| 2. | National legislation such as that at issue in the main proceedings provides for a more restrictive treatment of Bulgarian nationals than that given to third-country nationals under Directive 2004/114. |
| --- | --- |

2.

National legislation such as that at issue in the main proceedings provides for a more restrictive treatment of Bulgarian nationals than that given to third-country nationals under Directive 2004/114.

---

(1)  OJ C 113, 9.4.2011.

1

---