Case C‑270/13

Iraklis Haralambidis

v

Calogero Casilli

(Request for a preliminary ruling from the Consiglio di Stato)

‛Reference for a preliminary ruling — Freedom of movement for workers — Article 45(1) and (4) TFEU — Concept of worker — Employment in the public service — Post of President of a Port Authority — Participation in the exercise of powers of a public authority — Nationality requirement’

Summary — Judgment of the Court (Second Chamber), 10 September 2014

1. Freedom of movement for persons — Worker — Concept — Existence of an employment relationship — Effective and genuine activity — Criteria for assessment — President of a Port Authority — Included

   (Art. 45(1) TFEU)

2. Freedom of movement for persons — Exceptions — Posts in the public service — Concept — Post of President of a Port Authority — Included — Conditions

   (Art. 45(4) TFEU)

1.  See the text of the decision.

   (see paras 27-38)

2.  Article 45(4) TFEU must be interpreted as not authorising a Member State to reserve to its nationals the exercise of the duties of President of a Port Authority where the powers connected with that function, which involve the exercise of powers of a public authority, first, are only a marginal part of the duties of the holder, which are generally of a technical and financial management nature and which cannot be amended by the exercise of those powers, and, secondly, are intended to be exercised solely occasionally or in exceptional circumstances.

   In those circumstances, a general exclusion of nationals of other Member States from access to the post of President of an Italian Port Authority constitutes discrimination on grounds of nationality prohibited by Article 45(1) to (3) TFEU.

   (see paras 57, 60-62, operative part)