Judgment — ECLI:EU:C:2004:530
Date: 2004-09-16
Language of the case: German
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: European Free Trade Association (EFTA);External relations;Free movement of workers;Anti-discrimination;Non-discrimination on grounds of nationality
Concepts: Effects. Scope and limits;Equal treatment
Procedure: Action for failure to fulfil obligations - successful
Origin: Austria

Summary of the Judgment 1. Freedom of movement for persons – Workers – Equal treatment – Exercise of trade union rights – National law excluding workers who are nationals of another Member State of the European Union or the European Economic Area from eligibility for election to workers’ chambers – Not permissible – Justification based on possibility of participation in the exercise of powers conferred by public law – None (Art. 39 EC; EEA Agreement, Art. 28; Council Regulation No 1612/68, Art. 8) 2. International agreements – Association or cooperation agreements with the Community – Freedom of movement for persons – Workers – Equal treatment – Exercise of trade union rights – National law excluding workers who are nationals of a non-Member State which has concluded an agreement with the Community from eligibility for election to workers’ chambers and works councils – Not permissible 1. A Member State, which denies the right to stand for election to bodies responsible for the representation and defence of workers’ interests, such as workers’ chambers, to workers who are nationals of other Member States of the European Union or the European Economic Area, fails to fulfil its obligations under Article 39 EC and Article 8 of Regulation No 1612/68 on freedom of movement for workers within the Community, as amended by Regulation No 2434/92, and Article 28 of the Agreement on the European Economic Area. Such legislation is contrary to the general prohibition of all discrimination based on nationality underlying those provisions. Neither the legal nature of those bodies, as defined under national law, nor the fact that certain of their functions could involve participation in the exercise of powers conferred by public law, can justify that legislation. (see paras 30, 33, 40, 56, operative part) 2. A Member State which denies the right to stand for election to bodies representing and defending the interests of workers, such as workers’ chambers and works councils, to workers who are legally employed in a Member State, fails to fulfil its obligations under the provisions of agreements concluded between the Community and non-Member States which prohibit discrimination, as regards conditions of work, against any such workers. The principle of non-discrimination on grounds of nationality set out in the agreements in question requires that all workers, be they domestic nationals or nationals of one of the non-Member States concerned, enjoy identical conditions of work and employment and, in particular, be allowed to participate, in the same way, in elections organised by those bodies. A difference in treatment according to nationality is contrary to that general principle. (see paras 48-49, 56, operative part)