Judgment — ECLI:EU:C:2005:281
Date: 2005-05-12
Language of the case: Italian
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: Italy

Summary of the Judgment Freedom of movement for persons — Workers — Equal treatment — Access to employment — Competition for the recruitment of the teaching staff in the State schools of a Member State — Failure to take account of or insufficient account taken of professional experience acquired in other Member States — Inadmissible (Art. 39 EC; Council Regulation No 1612/68, Art. 3(1)) A Member State which does not take into account or, at least, does not take into account in the same way, for the purposes of participation of Community nationals in recruitment competitions for teaching staff in national State schools, professional teaching experience acquired by those nationals, depending on whether the teaching was carried out in that Member State or in other Member States, fails to fulfil its obligations under Article 39 EC and Article 3(1) of Regulation No 1612/68 on freedom of movement for workers within the Community. (see para. 22, operative part)