Einde inhoudsopgave
Remedies for infringements of EU law in legal relationships between private parties (LBF vol. 18) 2019/3.2.2
3.2.2 The case’s significance for Union law
mr. I.V. Aronstein, datum 01-09-2019
- Datum
01-09-2019
- Auteur
mr. I.V. Aronstein
- JCDI
JCDI:ADS141427:1
- Vakgebied(en)
EU-recht / Algemeen
Burgerlijk procesrecht / Algemeen
Voetnoten
Voetnoten
It may be relevant to note that the Court of Justice speaks of ‘the requirement’ and not, like the Italian courts, of ‘clause’. This term allows for a broader application as it can cover both juridical acts and factual acts.
CJ 6 June 2000, Case C-281/98 (Angonese), paras. 22-28.
As well as for Italians living outside the Province of Bolzano, but this is a matter which is not covered by Article 45 TFEU. This concerns the issue of reverse discrimination, which is prohibited in Italy. Therefore, under Italian law, Angonese could invoke Article 45 TFEU as well. See §3.2.3 and §3.2.4.1.
Cf. CJ 6 June 2000, Case C-281/98 (Angonese), paras. 39-41.
44. The Court focuses on the compatibility of the requirement1 with Article 45 TFEU.2 According to the Court of Justice Article 45 TFEU on the free movement of workers entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. The requirement constitutes indirect discrimination because it renders it impossible for nationals of other Member States3 to take the exam and obtain possession of the required language certificate before expiry of the term for application.4
3.2.2.1 The effect of Article 45 TFEU in horizontal legal relationships3.2.2.2 Grounds of justification