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.

Citation
Case C-281/98, [2000] ECR I-4139
Court
Court of Justice of the European Union
Year
2000
Subject
EU Law
Topic
Direct effect of Treaty articles and regulations

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.

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