Opinion of the Advocate General — ECLI:EU:C:2003:348
Date: 2003-06-12
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Freedom of movement for persons — Derogations — Employment in the public 
service — Meaning — Master of fishing vessels — Inclusion — Conditions 
(Art. 39(4) EC) 
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SUMMARY — CASE C-47/02 
2. Freedom of movement for persons — Derogations — Protection of public policy, 
public security and public health — General exclusion of nationals of other Member 
States from access to the post of master of fishing vessels — Not permissible 
(Art. 39(3) EC) 
1. Article 39(4) EC must be construed as 
allowing a Member State to reserve for 
its nationals the post of master of 
vessels flying its flag and engaged in 
small-scale maritime fishing only if the 
rights under powers conferred by pub­
lic law on masters of such vessels are in 
fact exercised on a regular basis and do 
not represent a very minor part of their 
activities. 
The scope of that derogation from the 
freedom of movement for workers 
concerning employment in the public 
service must be limited to what is 
strictly necessary for safeguarding the 
general interests of the Member State 
concerned, which would not be 
imperilled if rights under powers con­
ferred by public law were exercised 
only sporadically, indeed excep­
tionally, by nationals of other Member 
States. 
(see paras 63-64, 69, operative part) 
2. A general exclusion, by a Member 
State, of nationals of other Member 
States from access to the post of master 
of fishing vessels cannot be justified on 
the grounds of public policy, public 
security or public health mentioned in 
Article 39(3) EC, since the right of 
Member States to restrict the free 
movement of persons on those grounds 
is not intended to exclude economic 
sectors such as fishing or occupations 
such as master of fishing vessels from 
the application of that principle as 
regards access to employment, but to 
allow Member States to refuse access 
to their territory or residence there to 
persons whose access or residence 
would in itself constitute a danger for 
public policy, public security or public 
health. 
(see paras 67-68) 
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