CELEX: C2006/326/10
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-371/04: Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of movement for workers — Post in the civil service — Failure to take account of professional experience and seniority gained in other Member States — Articles 10 EC and 39 EC — Article 7(1) of Regulation (EEC) No 1612/68)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/5
            
         Judgment of the Court (Second Chamber) of 26 October 2006 — Commission of the European Communities v Italian Republic
   (Case C-371/04) (1)
   
   (Failure of a Member State to fulfil obligations - Freedom of movement for workers - Post in the civil service - Failure to take account of professional experience and seniority gained in other Member States - Articles 10 EC and 39 EC - Article 7(1) of Regulation (EEC) No 1612/68)
   (2006/C 326/10)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet and A. Aresu, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and G. Albenzio, avvocato dello Stato)
   Re:
   Failure of a Member State to fulfil obligations — Articles 10 EC and 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition, 1968 (II) p. 475) — Employees of the Italian public service — Failure to take account of the professional experience and seniority acquired in another Member State
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to take into account the professional experience and seniority gained in the exercise of a comparable activity within the public administration of another Member State by a Community worker employed in the Italian civil service, the Italian Republic has failed to fulfil its obligations under Article 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 273, 06.11.2004.