3.2.1 Facts and legal questions

42. Angonese1 concerns the interpretation of the fundamental free movement of workers (Article 45 TFEU).2 Roman Angonese is an Italian national resident in the province of Bolzano, whose mother tongue is German. He studied in Austria between 1993 and 1997. In response to a notice published in Dolomiten – a local Italian daily newspaper – in the summer of 1997, Angonese applied to take part in the competition for a post at the Cassa di Risparmio di Bolzano SpA (hereinafter: the Bank), a private banking undertaking in Bolzano. One of the conditions for entry to the competition was the possession of a type-B certificate of bilingualism (Italian and German), the patentino, which used to be a requirement in the province of Bolzano for access to the carriera di concetto (managerial career) in the public service. The requirement to hand over the patentino was based on a provision in the National Collective Agreement for Savings Banks.3

The specific language certificate required was issued solely by the public authorities of the province of Bolzano, after an examination which was held only in the province of Bolzano. There is a minimum period of 30 days between the written tests and oral tests organised for the purpose of awarding the certificate. The number of examination sittings per year is limited. In the case at hand, persons interested in taking part in the competition for the position at the Bank had to apply within less than two months after the publication of the competition notice in the newspaper. Consequently, partly due to the short time span4 and the circumstances under which the certificate can be obtained, the requirement to possess the particular certificate rendered it very difficult for non-residents to apply in conformity with the conditions imposed by the Bank.5 Angonese, who was perfectly bilingual6 yet not in possession of the patentino, could not take part in the examinations for obtaining the certificate and could therefore not be admitted to the recruitment competition.

Irrespective of the fact that Angonese acknowledged that the Bank had the right to select its future staff from persons who are perfectly bilingual, he complained that the very requirement to possess the particular certificate was unlawful and contrary to the principle of free movement of workers as laid down in what is now Article 45 TFEU.7 As a consequence the requirement in the bando di concorso – the Italian term for the publicly announced competition notice – should, according to Angonese, be declared null and void.8 In addition, Angonese claimed compensation for his loss of opportunity, and reimbursement of the costs he incurred in the proceedings.

43. The Pretore di Bolzano requested the Court of Justice to answer the question whether it is compatible with Article 45 TFEU and the Regulation9 to make the admission of candidates for a competition organised to fill posts in a private undertaking conditional on possession of an official certificate attesting to knowledge of local languages, which certificate is issued exclusively by a public authority of a Member State at a single examination centre on completion of a procedure of considerable duration.10