CELEX: C2007/199/38
Language: en
Date: 2007-08-25 00:00:00
Title: Case C-314/07: Action brought on 6 July 2007 — Commission of the European Communities v Portuguese Republic

25.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 199/24
            
         Action brought on 6 July 2007 — Commission of the European Communities v Portuguese Republic
   (Case C-314/07)
   (2007/C 199/38)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet and P. Costa de Oliveira, Agents)
   
      Defendant: Portuguese Republic
   Form of order sought
   
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               Declare that the Portuguese Republic has failed to fulfil its obligations under Article 39 EC and Article 3(1) of Regulation (EEC) No 1612/68 of the Council (1) on freedom of movement for workers within the Community by providing that for the purposes of determining the ranking of candidates in external competitions for teaching staff in the Autonomous Region of the Azores priority is to be given to candidates who fall under Article 25(7)(a) of the Regulamento de Concurso (Competition regulation) adopted by Decreto Legislativo Regional (Regional Legislative Decree) No 27/2003/A of 9 June 2003;
            
         
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               Order the Portuguese Republic to pay the costs.
            
         Pleas in law and main arguments
   The criteria for priority laid down in Article 25(7) of the Regional Legislative Decree No 27/2003/A of 9 June 2003 in order to determine the ranking of the candidates to be appointed to posts in schools and teaching establishments in the Autonomous Region of the Azores for a period of not less than 3 years constitute discrimination on grounds of nationality, contrary to the provisions of Community law on freedom of movement for workers, irrespective of the fact that they apply also to Portuguese citizens resident in other areas of Portugal. The concept of discrimination covers not only manifest discrimination on grounds of nationality, but also all measures which by applying other differentiating criteria lead in fact to the same result.
   The Commission submits that the argument of the Portuguese authorities, that if the candidate has a connection to the Autonomous Region of the Azores the candidate may be thought inclined to remain in the region, cannot be considered an objective factor which justifies the restriction in question on the appointment of candidates in external competitions.
   
      (1)  OJ, English Special Edition 1968 (II), p. 475.