WRITTEN QUESTION E-2361/02

by Bartho Pronk (PPE-DE) to the Commission

(2 August 2002)

Subject: Equal treatment of residents in the new German Länder

Pay in the new German Länder (the former GDR) is structurally lower than in the old Länder and in many other Member States of the European Union. Some employers' organisations apply rules which prevent employees transferring to an employer in the old Länder or in one of the other Member States (and thus obtaining higher pay). An example of this is the Evangelical Lutheran Church of the Land of Thuringia, which does not permit its clergy to transfer to other Land churches in the old Länder or to a church in one of the other Member States of the European Union.

In the light of these facts, I should like to ask the Commission:

1. Does the Commission agree that this practice is an infringement of freedom of movement for workers?

2. Does the Commission agree that this constitutes a violation of European law?

3. What measures does the Commission propose to take, whether or not in consultation with the German government?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(13 September 2002)

Free movement of workers is secured by article 39 of the EC Treaty and the associated secondary legislation, in particular Regulation (EEC) No 1612/68(1) and Council Directive 68/360/EEC(2). These provisions give Union workers the right to work and reside in another Member State. These rules apply equally to public and private employers(3).

In relation to mobility within Germany the Community rules on free movement of workers do not apply as it is a purely internal matter.

In relation to mobility between Germany and other Member States, German nationals have the right to work in another Member State provided that they qualify as workers in the sense of the Community law rules on the free movement of workers, only a concept developed by the European Court of Justice(4). In order to exercise this right a worker may neither be hindered from terminating his current occupation according to the applicable German rules, nor from starting a new occupation in another Member State. In view of the information provided the Commission cannot give a more specific answer.

However, the rules on free movement of workers do have direct effect and can therefore be relied on in national courts; it is up to the worker who feels hindered in exercising his right to free movement of workers to start proceedings against the employer concerned.

(1) Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, OJ L 257, 19.10.1968.

(2) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, OJ L 257, 19.10.1968.

(3) Case C-281/98, Angonese, ECR [2000] I-04139.

(4) This requires a person to do genuine and effective work, under the supervision of someone else, for which he is paid Case 532/81, Levin ECR [1982] 1035. See however also Declaration No 11 to the Amsterdam Treaty on the status of churches, the Union emphasised that it respects and does not prejudice the status under national law of churches and religious associations or Communities in the Member States.