CELEX: C2005/182/13
Language: en
Date: 2005-07-23 00:00:00
Title: Judgment of the Court (Second Chamber) of 12 May 2005 in Case C-278/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of movement for workers — Competition for the recruitment of teaching staff in Italian State schools — Failure to take account of or insufficient account taken of professional experience acquired in other Member States — Article 39 EC — Article 3 of Regulation (EEC) No 1612/68)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/7
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 12 May 2005
   in Case C-278/03: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil obligations - Freedom of movement for workers - Competition for the recruitment of teaching staff in Italian State schools - Failure to take account of or insufficient account taken of professional experience acquired in other Member States - Article 39 EC - Article 3 of Regulation (EEC) No 1612/68)
   (2005/C 182/13)
   Language of the case: Italian
   In Case C-278/03: Commission of the European Communities (Agent: M.-J. Jonczy) v Italian Republic (Agent: I.M. Braguglia, assisted by G. De Bellis, avvocato dello Stato ) — action under Article 226 EC for failure to fulfil obligations, brought on 26 June 2003 — the Court (Second Chamber), composed of C.W.A. Timmermans (Rapporteur), President of the Chamber, C. Gulmann, R. Schintgen, G. Arestis and J. Klučka,, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a judgment on 12 May 2005, in which it:
   
               1.
            
            
               Declares that the Italian Republic has failed to fulfil its obligations under Article 39 EC and Article 3(1) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community inasmuch as for the purposes of participation by Community nationals in competitions to recruit teaching staff in Italian State schools professional teaching experience acquired by those nationals is not taken into account, or at least not taken into account in the same way, depending on whether the teaching was carried out in Italy or in other Member States;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 213 of 6.9.2003.