Groener v Minister for Education
A requirement for teachers to know the Irish language was justified as part of a policy to promote the national language, as long as it was proportionate.
Facts
Ms Groener, a Dutch national, worked as a part time art teacher at a college of art in Dublin. She applied for a permanent full time post, but was refused because she had failed a test in the Irish language, which was required for permanent posts in Irish vocational schools, even though the teaching was in English. She argued that the requirement was discrimination on grounds of nationality.
Legal principle
The Court of Justice held that the requirement was compatible with EU law. A permanent full time post of lecturer in public vocational education institutions is a post of such a nature as to justify the requirement of linguistic knowledge, provided that the requirement is part of a policy for the promotion of the national language which is, at the same time, the first official language, and provided that the requirement is applied in a proportionate and non discriminatory manner. The Treaty does not prevent a Member State from adopting a policy to protect and promote a language.
Related cases on free movement of workers
- Adoui and Cornuaille v Belgium Joined Cases 115/81 and 116/81, [1982] ECR 1665
- Bettray v Staatssecretaris van Justitie Case 344/87, [1989] ECR 1621
- Bonsignore v Oberstadtdirektor der Stadt Köln Case 67/74, [1975] ECR 297
- Collins v Secretary of State for Work and Pensions Case C-138/02, [2004] ECR I-2703
- Commission v Belgium (Public service) Case 149/79, [1980] ECR 3881
- Kempf v Staatssecretaris van Justitie Case 139/85, [1986] ECR 1741
- Kraus v Land Baden-Württemberg Case C-19/92, [1993] ECR I-1663
- Lair v Universität Hannover Case 39/86, [1988] ECR 3161
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