Gerencia Regional de Salud de la Junta de Castilla y Leon (Judgment) French Text [2022] EUECJ C-86/21 (28 April 2022)

Gerencia Regional de Salud de la Junta de Castilla y Leon (Judgment) French Text [2022] EUECJ C-86/21 (28 April 2022)

National rules that prevent recognition of professional experience acquired in another EU Member State for the purposes of career progression in the public health sector constitute a restriction on the free movement of workers and indirect discrimination, unless objectively justified by a legitimate aim and...

Source-derived case information.

Citation
[2022] EUECJ C-86/21
Parties
Applicant: Gerencia Regional de Salud de Castilla y León; Respondent: Delia; Intervener: Commission européenne
Jurisdiction
European Union
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (sixth Chamber)
Outcome
The Court held that Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011 preclude national rules that exclude recognition of professional experience acquired in another Member State for career progression, unless justified by an objective of general interest and proportionate.
Legal Topics
Free Movement of Workers, Recognition of Professional Experience, Equality of Treatment, Indirect Discrimination, Public Health Sector Employment
European Union Law Labour Law Free Movement of Workers Recognition of Professional Experience Equality of Treatment Indirect Discrimination Public Health Sector Employment

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Parties

Gerencia Regional de Salud de Castilla y León

Applicant

Delia

Respondent

Commission européenne

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (sixth Chamber)

  1. 1 Whether national rules excluding recognition of professional experience acquired in another EU Member State for career progression in the public health sector violate Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011.

Ratio Decidendi

National rules that prevent recognition of professional experience acquired in another EU Member State for the purposes of career progression in the public health sector constitute a restriction on the free movement of workers and indirect discrimination, unless objectively justified by a legitimate aim and proportionate. The absence of EU-wide harmonisation does not justify such exclusion. Recognition procedures must allow assessment of equivalence of experience acquired abroad.

Court Disposition

The Court held that Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011 preclude national rules that exclude recognition of professional experience acquired in another Member State for career progression, unless justified by an objective of general interest and proportionate.

Orders

  • Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011 must be interpreted as precluding national rules that prevent recognition of professional experience acquired in another Member State for career progression in the public health sector, unless the restriction is justified by an objective of general...