Keywords
Summary

Keywords

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Freedom of movement for persons ° Derogations ° Employment in the public service ° Water, gas and electricity distribution sectors ° Nationality requirement for posts not involving participation in the exercise of powers conferred by public law or the safeguarding of the general interests of the State ° Not permissible

(EEC Treaty, Art. 48; Council Regulation No 1612/68, Art. 1)

Summary

A Member State which, in the case of posts in the public legal entities responsible for the distribution of water, gas and electricity, does not restrict the requirement of possession of its nationality to posts involving direct or indirect participation in the exercise of powers conferred by public law and duties designed to safeguard the general interests of the State or of other public authorities acts in breach of its obligations under Article 48 of the Treaty and Article 1 of Regulation No 1612/68 on freedom of movement for workers within the Community. Since the generality of the posts in those sectors are remote from the specific activities of the public service, the fact that some posts in those sectors may, in certain circumstances, be covered by Article 48(4) of the Treaty cannot justify a Member State' s making all those posts in general subject to a nationality condition.