CELEX: C2006/131/21
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-205/04: Judgment of the Court (Second Chamber) of  23 February 2006  — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Freedom of movement for workers — Failure to take account of seniority and professional experience acquired in the public service of other Member States — Article 39 EC — Article 7 of Regulation (EEC) No 1612/68)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/12
            
         Judgment of the Court (Second Chamber) of 23 February 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-205/04) (1)
   
   (Failure of a Member State to fulfil its obligations - Freedom of movement for workers - Failure to take account of seniority and professional experience acquired in the public service of other Member States - Article 39 EC - Article 7 of Regulation (EEC) No 1612/68)
   (2006/C 131/21)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet, acting as Agent)
   
      Defendant): Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)
   Re:
   Failure of a Member State to fulfil its obligations — Article 39 EC and Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (English Special Edition 1968 (II), p. 475) — Access to the Spanish civil service — Obligation to recognise from an economic point of view the services undertaken by Community citizens in the public service of another Member State
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by failing to adopt a law which expressly provides, in respect of the Spanish civil service, for account to be taken, for financial purposes, of previous periods of employment in the public service of another Member State, the Kingdom of Spain has failed to fulfil its obligations under Article 39 of the EC Treaty and Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community;
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 168 of 26.06.2004.