# C_2011113EN.01000301.xml

| 9.4.2011 | EN | Official Journal of the European Union | C 113/3 |
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9.4.2011

EN

Official Journal of the European Union

C 113/3

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Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 12 January 2011 — Leopold Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien

(Case C-15/11)

2011/C 113/04

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:

Questions referred

Questions referred

| 1. | Is Council Directive 2004/114/EC (1) 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 (‘the Student Directive’) applicable in Austria to a Bulgarian student having regard to the first or third paragraphs of point 14 of section 1 (Freedom of movement for persons) of Annex VI to the Accession Treaty for Bulgaria, List referred to in Article 20 of the Protocol (2): transitional measures, Bulgaria? |
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1.

Is Council Directive 2004/114/EC (1) 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 (‘the Student Directive’) applicable in Austria to a Bulgarian student having regard to the first or third paragraphs of point 14 of section 1 (Freedom of movement for persons) of Annex VI to the Accession Treaty for Bulgaria, List referred to in Article 20 of the Protocol (2): transitional measures, Bulgaria?

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| 2. | If Question 1 is answered in the affirmative: Does Union law, in particular Article 17 of the Student Directive, preclude a national rule which, like the provisions of the Ausländerbeschäftigungsgesetz which are relevant in the main proceedings, provides in all cases for an examination of the situation of the labour market prior to the grant of a work permit for an employer to employ a student who has already resided in Austria for more than one year (Article 17(3) of the Student Directive) and additionally makes the grant of a work permit subject to further conditions if the fixed maximum number of foreign nationals employed has been exceeded. |
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2.

If Question 1 is answered in the affirmative: Does Union law, in particular Article 17 of the Student Directive, preclude a national rule which, like the provisions of the Ausländerbeschäftigungsgesetz which are relevant in the main proceedings, provides in all cases for an examination of the situation of the labour market prior to the grant of a work permit for an employer to employ a student who has already resided in Austria for more than one year (Article 17(3) of the Student Directive) and additionally makes the grant of a work permit subject to further conditions if the fixed maximum number of foreign nationals employed has been exceeded.

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(1)  OJ 2004 L 375, p. 12.

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(2)  Protocol concerning the conditions and arrangements for admission of the Republic of Bulgaria and Romania to the European Union — Annex VI: List referred to in Article 20 of the Protocol: transitional measures, Bulgaria — 2. Freedom of movement for persons; (OJ 2005 L 157, p. 104).

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