Case C-290/94

Commission of the European Communities

v

Hellenic Republic

‛Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Employment in the public service’

Opinion of Advocate General Léger delivered on 5 March 1996   I-3287

Judgment of the Court, 2 July 1996   I-3317

Summary of the Judgment

Freedom of movement for persons — Derogations — Employment in the public service — Water, gas and electricity distribution sectors, public health, education, transport, research, posts and telecommunications, radio and television broadcasting and musical orchestras — 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)

A Member State which, in the public sectors of water, gas and electricity distribution, the operational public health services, in the sectors of public education, transport by sea and air, railways, city and inter-city public transport, research for civil purposes, posts and telecommunications and radio and television broadcasting, and in the opera and municipal and local orchestras, does not restrict the requirement of possession of that Member State's nationality to posts involving direct or indirect participation in the exercise of powers conferred by public law or 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 is 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.