Angonese v Cassa di Risparmio di Bolzano SpA
The Treaty prohibition on discrimination against workers on grounds of nationality applies to private employers, so a bank could not require a certificate of bilingualism obtainable only locally.
Facts
Mr Angonese, an Italian national whose mother tongue was German, lived in the bilingual province of Bolzano in Italy, and had studied in Austria. He applied for a job at a private bank in Bolzano, which required applicants to have a certificate of bilingualism in Italian and German, which could only be obtained by passing an exam held in Bolzano. Although he was perfectly bilingual, he did not have the certificate, so his application was rejected.
Legal principle
The Court of Justice held that the requirement breached article 39 of the EC Treaty, now article 45 of the Treaty on the Functioning of the European Union, on free movement of workers. It said that the prohibition on discrimination on grounds of nationality applies to private persons as well as to public authorities. The requirement disadvantaged nationals of other Member States, who were less likely to have the certificate, and it was disproportionate, because the bank could have accepted other evidence of language skills.
Related cases on direct effect of Treaty articles and regulations
- Commission v Italy (Premiums for slaughtering cows) Case 39/72, [1973] ECR 101
- Courage Ltd v Crehan Case C-453/99, [2001] ECR I-6297
- Defrenne v Sabena (No 2) Case 43/75, [1976] ECR 455
- Grad v Finanzamt Traunstein Case 9/70, [1970] ECR 825
- Leonesio v Italian Ministry of Agriculture and Forestry Case 93/71, [1972] ECR 287
- Muñoz y Cia SA v Frumar Ltd Case C-253/00, [2002] ECR I-7289
- Politi SAS v Ministry for Finance of the Italian Republic Case 43/71, [1971] ECR 1039
- Reyners v Belgium Case 2/74, [1974] ECR 631
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