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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Austria (Free movement of persons) [2004] EUECJ C-465/01 (16 September 2004) URL: https://www.bailii.org/eu/cases/EUECJ/2004/C46501.html Cite as: [2004] 3 CMLR 58, [2004] EUECJ C-465/1, [2004] EUECJ C-465/01, Case C-465/01 |
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JUDGMENT OF THE COURT (Second Chamber)
16 September 2004 (1)
(Failure of a Member State to fulfil obligations - Freedom of movement for workers - Nationals of the Union or the EEA - Nationals of a non-member State associated with the Community by way of an agreement - Eligibility for election to workers' chambers and works councils - Principle of non-discrimination as regards conditions of work)
In Case C-465/01,ACTION under Article 226 EC for failure to fulfil obligations, brought on 4 December 2001, Commission of the European Communities, represented by J. Sack, acting as Agent, with an address for service in Luxembourg,applicant,
v
Republic of Austria, represented by H. Dossi, acting as Agent, with an address for service in Luxembourg,defendant,
THE COURT (Second Chamber),
Having decided, after hearing the Advocate General, to proceed to judgment without a hearing or an Opinion,
gives the following
(a) by denying workers who are nationals of other Member States of the European Union or the European Economic Area (-˜the EEA-™) the right to stand for election to workers-™ chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC and Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition, 1968 (II), p. 475), as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992 (OJ 1992 L 245, p. 1) (-˜Regulation No 1612/68-™), and under Article 28 of the Agreement on the European Economic Area (OJ 1994 L 1, p. 3 and p. 572; -˜the EEA Agreement-™); (b) by denying workers from certain non-member States the right to stand for election to works councils and general assemblies of workers-™ chambers, the Republic of Austria has failed to fulfil its obligations under agreements concluded by the Community with those States prohibiting discrimination, as regards conditions of work, against workers from those States who are legally employed in a Member State.
-˜1. Freedom of movement for workers shall be secured within the Community. 2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment. -¦4. The provisions of this article shall not apply to employment in the public service.-™
-˜... [F]reedom of movement for workers should be secured within the Community by the end of the transitional period at the latest; ... the attainment of this objective entails the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment, as well as the right of such workers to move freely within the Community in order to pursue activities as employed persons subject to any limitations justified on grounds of public policy, public security or public health-™.
-˜1. A worker who is a national of a Member State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuneration, dismissal, and should he become unemployed, reinstatement or re-employment. 2. He shall enjoy the same social and tax advantages as national workers. ...4. Any clause of a collective or individual agreement or of any other collective regulation concerning eligibility for employment, employment, remuneration and other conditions of work or dismissal shall be null and void in so far as it lays down or authorises discriminatory conditions in respect of workers who are nationals of the other Member States.-™
-˜A worker who is a national of a Member State and who is employed in the territory of another Member State shall enjoy equality of treatment as regards membership of trade unions and the exercise of rights attaching thereto, including the right to vote and to be eligible for the administration or management posts of a trade union; he may be excluded from taking part in the management of bodies governed by public law and from holding an office governed by public law. Furthermore, he shall have the right of eligibility for workers-™ representative bodies in the undertaking. The provisions of this article shall not affect laws or regulations in certain Member States which grant more extensive rights to workers coming from the other Member States.-™
-˜1. Freedom of movement for workers shall be secured among EC Member States and EFTA States.2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of EC Member States and EFTA States as regards employment, remuneration and other conditions of work and employment.-¦4. The provisions of this article shall not apply to employment in the public service.-¦-™
National legislation
-˜All workers belonging to a workers-™ chamber who on the relevant date 1. have completed their 19th year, and 2. have, for a total of at least two years during the previous five years, been in a work or employment relationship in Austria giving rise to membership of the chamber, and 3. apart from the age requirement, are not excluded from eligibility for election to the Nationalrat [Parliament],are eligible for election to the workers-™ chamber.-™
-˜All men and women possessing Austrian nationality on the relevant date who have reached the age of 19 before 1 January of the year of the election shall be eligible for election.-™
-˜All employees who1. (a) have Austrian nationality, or (b) are nationals of a State which is party to the EEA Agreement, and 2. have reached the age of 19 at the date of notification of the election, and 3. have been employed in the establishment or the undertaking to which the establishment belongs for at least six months, and 4. apart from the requirement of Austrian nationality, are not excluded from participating in elections to the Nationalrat [Parliament] -¦
are eligible for election.-™
The first complaintArguments of the parties
Findings of the Court
The second complaintArguments of the parties
Findings of the Court
- by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers-™ chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation No 1612/68, and Article 28 of the EEA Agreement; - by denying workers who are nationals of a non-member State with which the Community has concluded an agreement prohibiting discrimination, as regards conditions of work, against any such workers legally employed in a Member State, the right to stand for election to works councils and the general assemblies of workers-™ and employees-™ chambers, the Republic of Austria has failed to fulfil its obligations under those agreements.
1. Declares that:
(a) by denying workers who are nationals of other Member States of the European Union or the European Economic Area the right to stand for election to workers-™ and employees-™ chambers, the Republic of Austria has failed to fulfil its obligations under Article 39 EC, Article 8 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992, and Article 28 of the Agreement on the European Economic Area;
(b) by denying workers who are nationals of a non-member State with which the Community has concluded an agreement prohibiting discrimination, as regards conditions of work, against any such workers legally employed in a Member State, the right to stand for election to works councils and the general assemblies of workers-™ and employees-™ chambers, the Republic of Austria has failed to fulfil its obligations under those agreements;
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1 - Language of the case: German.