Opinion of the Advocate General — ECLI:EU:C:1997:604
Date: 1997-12-11
Language of the case: Greek
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Summary of the J u d g m e n t 
Freedom of movement for persons — Workers — Equal treatment — Recognition by a Member 
State of periods of employment in the national public service for the purposes of employees' salary 
scale grading and seniority — Periods of employment completed by Community nationals in the 
public service of another Member State not taken into account — Covert discrimination — Not 
permissible 
(EC Treaty, Art. 48; Council Regulation No 1612/68, Art. 7(1)) 
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SUMMARY — CASE C-187/96 
A Member State which, by regulation or 
administrative practice, renders it absolutely 
impossible for employment in the public ser­
vice of another Member State to be taken 
into account for the purposes of granting to 
an employee in the national public service a 
seniority increment and of grading him on 
the salary scale, whereas periods of employ­
ment completed in the national public ser­
vice are, in certain cases, taken into account, 
is in breach of its obligations under Commu­
nity law, in particular under Article 48 of the 
EC Treaty and Article 7(1) of Regulation 
N o 1612/68 on freedom of movement for 
workers within the Community. That rule, 
which plainly operates to the detriment 
of migrant workers who have spent part 
of their working life in the public service 
of another Member State, is therefore 
such as to contravene the principle of 
non-discrimination enshrined in those pro­
visions. 
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