3.2.5 Plausible solutions in Dutch law

68. Article 45 TFEU was adopted in the interest of the functioning of the internal market1 and confers upon persons the right to free movement of workers and the right not to be discriminated against on account of nationality. On the basis of these rights, citizens of the European Union can freely work – and reside2 – in Member States without restrictions directly or indirectly relating to their nationality. Hence, the protection of Article 45 TFEU is not only in the interest of the functioning of the internal market, but also in the interest of workers who wish to work in another Member State.3 Article 45 TFEU has direct vertical effect, which entails that citizens can thus claim the protection of the rights conferred upon them against a Member State that has infringed this provision.

69. From Walrave and Koch, Bosman and Angonese it has become clear that Article 45 TFEU does not only confer rights, but also imposes obligations upon private parties. However, like Member States, private parties may sometimes have an interest in actions that directly or indirectly restrict the effect of Article 45 TFEU. This variety of interests forms the background against which national courts have to determine the legal consequences of infringements of Article 45 TFEU in horizontal legal proceedings. In the light of these interests, the principles of effectiveness and equivalence and the paths taken by the Italian courts, this section discusses the following concepts in Dutch law4 in relation to an infringement of Article 45 TFEU:

70. On a side note: thus far Dutch law does not prohibit reverse discrimination. In the Netherlands, a party invoking the protection of Article 45 TFEU must be a citizen of another Member State.5