Opinion of the Advocate General — ECLI:EU:C:1997:176
Date: 1997-03-20
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Freedom of movement for persons — Workers — Equal treatment — Access to employment — 
Restriction of eligibility for appointment to fill temporary teaching vacancies in universities to 
tenured teachers and established researchers — Exclusion of foreign-language assistants — 
Whether permissible — Conditions 
(EC Treaty, Arts 5 and 48(2)) 
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SUMMARY — CASE C-90/96 
Articles 5 and 48(2) of the Treaty do not pre­
clude a national rule •which reserves eligibil­
ity for appointment to fill temporary teach­
ing vacancies in universities to tenured 
teachers and established researchers and 
excludes foreign-language assistants, unless 
such appointment is open to other categories 
of staff appointed to university teaching oth­
erwise than by way of open competition, 
whose teaching and academic skills are not 
subject to evaluation in the same way as 
those of researchers, whilst foreign-language 
assistants who, under national law, have the 
same status and perform equivalent duties 
are excluded. 
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