Closure of complaint CHAP (2010) 723

2014/C 260/16

The European Commission has received numerous complaints concerning the mobility of staff working in the public health service in Navarre (Spain). The persons concerned cannot be appointed to positions in the public health service of other Spanish regions on account of a difference in the staff regulations applicable to employees in the regions concerned.

It is clear from the case-law of the Court of Justice of the European Union that the Community rules concerning the freedom of movement for workers, and in particular Article 45 TFEU, do not apply to situations which bear no relationship to those governed by Community law or where all the elements of such situations are purely internal to the individual Member State (1).

The situation described in these complaints concerns mobility between the various public health services existing within the territory of Spain, and does not, in principle, have any cross-border implications. Consequently, the EU rules referred to above do not apply. The issues raised by the complainants need to be examined in the light of the Spanish legislation applicable before the administrative or judicial instances concerned.

(1)  Judgment of the Court of Justice of 16 December 1992 in Case C-206/91 Koua Poirrez.