Keywords
Summary

Keywords

Freedom of movement for persons - Workers - Equal treatment - Recognition by a Member State of periods of employment in the national public service for the purposes of employees' salary scale grading and seniority - Periods of employment completed by Community nationals in the public service of another Member State not taken into account - Covert discrimination - Not permissible

(EC Treaty, Art. 48; Council Regulation No 1612/68, Art. 7(1))

Summary

A Member State which, by regulation or administrative practice, renders it absolutely impossible for employment in the public service of another Member State to be taken into account for the purposes of granting to an employee in the national public service a seniority increment and of grading him on the salary scale, whereas periods of employment completed in the national public service are, in certain cases, taken into account, is in breach of its obligations under Community law, in particular under Article 48 of the EC Treaty and Article 7(1) of Regulation No 1612/68 on freedom of movement for workers within the Community. That rule, which plainly operates to the detriment of migrant workers who have spent part of their working life in the public service of another Member State, is therefore such as to contravene the principle of non-discrimination enshrined in those provisions.