Judgment — ECLI:EU:C:2006:137
Date: 2006-02-23
Language of the case: Spanish
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Concepts: Equal treatment
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Notice for the OJ Action brought on 7 May 2004 by Commission of the European Communities against Kingdom of Spain (Case C-205/04) An action against the Kingdom of Spain was brought before the Court of Justice of the European Communities on 7 May 2004 by the Commission of the European Communities, represented by G. Rozet, acting as Agent, with an address for service in Luxembourg. The applicant claims that the Court should: declare that, by failing to adopt a law which expressly provides, in respect of the Spanish civil service, for account to be taken, for financial purposes, of previous periods of employment in the public service of another Member State, the Kingdom of Spain has failed to fulfil its obligations under Article 39 of the EC Treaty and Article 7 of Regulation (EEC) No 1612/681 of the Council of 15 October 1968 on freedom of movement for workers within the Community; order the Kingdom of Spain to pay the costs. Pleas in law and main arguments In accordance with the case-law of the Court of Justice, Article 39 of the EC Treaty and Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community require Member States to take account of the seniority and experience acquired in the public service of another Member State by Community citizens for the purpose of their access, grading and determination of seniority in its civil service. Currently, in the Spanish legal system, there is no measure which ensures with the necessary legal certainty that account is taken for financial purposes of periods of employment in the public service of another Member State. ____________ 1 - OJ, English Special Edition, 1968 (II), p. 475