Deborah Lawrie-Blum v Land Baden-Württemberg.
Date: 1986-07-03
16 SINCE FREEDOM OF MOVEMENT FOR WORKERS CONSTITUTES ONE OF THE FUNDAMENTAL PRINCIPLES OF THE COMMUNITY , THE TERM ' WORKER '  IN ARTICLE 48 MAY NOT BE INTERPRETED DIFFERENTLY ACCORDING TO THE LAW OF EACH MEMBER STATE BUT HAS A COMMUNITY MEANING . SINCE IT DEFINES THE SCOPE OF THAT FUNDAMENTAL FREEDOM , THE COMMUNITY CONCEPT OF A ' WORKER '  MUST BE INTERPRETED BROADLY ( JUDGMENT OF 23 MARCH 1982 IN CASE 53/81 LEVIN V STAATSSECRETARIS VAN JUSTITIE ( 1982 ) ECR 1035 ).
17 THAT CONCEPT MUST BE DEFINED IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH DISTINGUISH THE EMPLOYMENT RELATIONSHIP BY REFERENCE TO THE RIGHTS AND DUTIES OF THE PERSONS CONCERNED . THE ESSENTIAL FEATURE OF AN EMPLOYMENT RELATIONSHIP , HOWEVER , IS THAT FOR A CERTAIN PERIOD OF TIME A PERSON PERFORMS SERVICES FOR AND UNDER THE DIRECTION OF ANOTHER PERSON IN RETURN FOR WHICH HE RECEIVES REMUNERATION .
19 THE FACT THAT TEACHERS '  PREPARATORY SERVICE , LIKE APPRENTICESHIPS IN OTHER OCCUPATIONS , MAY BE REGARDED AS PRACTICAL PREPARATION DIRECTLY RELATED TO THE ACTUAL PURSUIT OF THE OCCUPATION IN POINT IS NOT A BAR TO THE APPLICATION OF ARTICLE 48 ( 1 ) IF THE SERVICE IS PERFORMED UNDER THE CONDITIONS OF AN ACTIVITY AS AN EMPLOYED PERSON .
20 NOR MAY IT BE OBJECTED THAT SERVICES PERFORMED IN EDUCATION DO NOT FALL WITHIN THE SCOPE OF THE EEC TREATY BECAUSE THEY ARE NOT OF AN ECONOMIC NATURE . ALL THAT IS REQUIRED FOR THE APPLICATION OF ARTICLE 48 IS THAT THE ACTIVITY SHOULD BE IN THE NATURE OF WORK PERFORMED FOR REMUNERATION , IRRESPECTIVE OF THE SPHERE IN WHICH IT IS CARRIED OUT ( SEE THE JUDGMENT OF 12 DECEMBER 1974 IN CASE 36/74 WALRAVE V UNION CYCLISTE INTERNATIONALE ( 1974 ) ECR 1405 ). NOR MAY THE ECONOMIC NATURE OF THOSE ACTIVITIES BE DENIED ON THE GROUND THAT THEY ARE PERFORMED BY PERSONS WHOSE STATUS IS GOVERNED BY PUBLIC LAW SINCE , AS THE COURT POINTED OUT IN ITS JUDGMENT OF 12 FEBRUARY 1974 IN CASE 152/73 ( SOTGIU V DEUTSCHE BUNDESPOST ( 1974 ) ECR 153 ), THE NATURE OF THE LEGAL RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER , WHETHER INVOLVING PUBLIC LAW STATUS OR A PRIVATE LAW CONTRACT , IS IMMATERIAL AS REGARDS THE APPLICATION OF ARTICLE 48 .
21 THE FACT THAT TRAINEE TEACHERS GIVE LESSONS FOR ONLY A FEW HOURS A WEEK AND ARE PAID REMUNERATION BELOW THE STARTING SALARY OF A QUALIFIED TEACHER DOES NOT PREVENT THEM FROM BEING REGARDED AS WORKERS . IN ITS JUDGMENT IN LEVIN , CITED ABOVE , THE COURT HELD THAT THE EXPRESSIONS ' WORKER '  AND ' ACTIVITY AS AN EMPLOYED PERSON '  MUST BE UNDERSTOOD AS INCLUDING PERSONS WHO , BECAUSE THEY ARE NOT EMPLOYED FULL TIME , RECEIVE PAY LOWER THAN THAT FOR FULL-TIME EMPLOYMENT , PROVIDED THAT THE ACTIVITIES PERFORMED ARE EFFECTIVE AND GENUINE . THE LATTER REQUIREMENT IS NOT CALLED INTO QUESTION IN THIS CASE .
22 CONSEQUENTLY , THE REPLY TO THE FIRST PART OF THE QUESTION MUST BE THAT A TRAINEE TEACHER WHO , UNDER THE DIRECTION AND SUPERVISION OF THE SCHOOL AUTHORITIES , IS UNDERGOING A PERIOD OF SERVICE IN PREPARATION FOR THE TEACHING PROFESSION DURING WHICH HE PROVIDES SERVICES BY GIVING LESSONS AND RECEIVES REMUNERATION MUST BE REGARDED AS A WORKER WITHIN THE MEANING OF ARTICLE 48 ( 1 ) OF THE EEC TREATY , IRRESPECTIVE OF THE LEGAL NATURE OF THE EMPLOYMENT RELATIONSHIP .

ON THE MEANING OF ' EMPLOYMENT IN THE PUBLIC SERVICE '  IN ARTICLE 48 ( 4 )
28 THOSE VERY STRICT CONDITIONS ARE NOT FULFILLED IN THE CASE OF A TRAINEE TEACHER , EVEN IF HE DOES IN FACT TAKE THE DECISIONS DESCRIBED BY THE LAND BADEN-WURTTEMBERG .