Criminal proceedings against Robert Heinrich Maria Mutsch. [1985] EUECJ R-137/84 (11 July 1985)

Criminal proceedings against Robert Heinrich Maria Mutsch. [1985] EUECJ R-137/84 (11 July 1985)

The right to require criminal proceedings in a language other than the normal court language, if granted to national workers, must also be granted to workers from other Member States under the principle of free movement of workers and non-discrimination. This right constitutes a 'social advantage' within the meaning of Regulation 1612/68.

Citation
[1985] EUECJ R-137/84
Parties
Prosecutor: Ministère Public (Public Prosecutor's Office); Accused: Robert Heinrich Maria Mutsch
Jurisdiction
European Union
Judgment Date
11 July 1985
Procedural Posture
Preliminary Ruling (reference) / Judgment on Reference From Cour D'appel De Liège
Outcome
Preliminary ruling: A worker who is a national of one Member State and habitually resides in another Member State is entitled to require that criminal proceedings against him take place in a language other than the language normally used in proceedings before the court which tries him, if workers who are nationals...
Legal Topics
Free Movement of Workers, Equal Treatment, Use of Languages in Criminal Proceedings, Social Advantages, Non Discrimination
European Union Law Criminal Law Labour Law Free Movement of Workers Equal Treatment Use of Languages in Criminal Proceedings Social Advantages Non Discrimination

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Parties

Ministère Public (Public Prosecutor's Office)

Prosecutor

Robert Heinrich Maria Mutsch

Accused

Procedural Posture

Preliminary Ruling (reference) / Judgment on Reference From Cour D'appel De Liège

Legal Issues

  1. 1 Whether a national law allowing only Belgian nationals to require criminal proceedings in German in certain municipalities is compatible with EU law, specifically the principles of non-discrimination and free movement of workers.

Ratio Decidendi

The right to require criminal proceedings in a language other than the normal court language, if granted to national workers, must also be granted to workers from other Member States under the principle of free movement of workers and non-discrimination. This right constitutes a 'social advantage' within the meaning of Regulation 1612/68.

Court Disposition

Preliminary ruling: A worker who is a national of one Member State and habitually resides in another Member State is entitled to require that criminal proceedings against him take place in a language other than the language normally used in proceedings before the court which tries him, if workers who are nationals...

Orders

  • The principle of free movement of workers requires equal language rights in criminal proceedings for migrant workers as for national workers.