CELEX: C2004/201/18
Language: en
Date: 2004-08-07 00:00:00
Title: Case C-230/04: Action brought on 2 June 2004 by the Commission of the European Communities against the French Republic

7.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 201/9
            
         Action brought on 2 June 2004 by the Commission of the European Communities against the French Republic
   (Case C-230/04)
   (2004/C 201/18)
   An action against the French Republic was brought before the Court of Justice of the European Communities on 2 June 2004 by the Commission of the European Communities, represented by G. Rozet, acting as Agent, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
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               declare that, by not allowing to be taken into account the experience and seniority, in another Member State's public sector, of Community nationals who join the French hospital public service, the French Republic has failed to fulfil its obligations under Article 39 EC and Article 7 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement of workers within the Community (1);
            
         
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               order the French Republic to pay the costs.
            
         Pleas in law and main arguments
   The Member States are required to take into account, for the purposes of migrant workers' recruitment to, and grading and determination of seniority in their public services, employment periods in a comparable field of activity in another Member State, on the same conditions as apply to seniority and professional experience attained in the workers' own systems. The French provisions in force do not allow the experience and seniority, in another Member State's public sector, of Community nationals who join the French hospital public service to be taken into account.
   
      (1)  OJ L 257, of 19.10.1968, p. 2.