Keywords
Summary

Keywords

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Free movement of persons - Workers - Equal treatment - Exercise of trade-union rights - National legislation excluding foreign workers from taking part in the election of members of an occupational guild to which they are compulsorily affiliated - Not permissible - Justification based on the participation in some circumstances in the exercise of powers conferred by public law - None

(Regulation No 1612/68 of the Council, Art. 8(1) )

Summary

Article 8(1) of Regulation No 1612/68 constitutes a particular expression of the principle of non-discrimination in the specific field of workers' participation in trade-union organizations and activities and its scope cannot be limited on the basis of considerations relating to the legal form of the body in question. On the contrary, the exercise of the trade-union rights referred to in that provision extends beyond the bounds of trade-union organizations in the strict sense and includes, in particular, the participation of workers in bodies which, while not being, in law, trade-union organizations, perform similar functions as regards the defence and representation of workers' interests.

That provision must therefore be interpreted as meaning that it precludes legislation refusing workers the right to vote in elections of members of an occupational guild to which they are compulsorily affiliated, to which they must pay contributions, which is responsible for defending the interests of affiliated workers and which performs a consultative function in the legislative field. Neither the legal nature of the guild in question under national law nor the fact that certain of its functions could involve participation in the exercise of powers conferred by public law can justify the exclusion of workers from other Member States from participation in the election of members of that guild.