Department of Health and Social Security v Christopher Stewart Barr and Montrose Holdings Ltd. (Preliminary rulings) [1991] EUECJ C-355/89 (3 July 1991)

Department of Health and Social Security v Christopher Stewart Barr and Montrose Holdings Ltd. (Preliminary rulings) [1991] EUECJ C-355/89 (3 July 1991)

Requiring all Community nationals to hold a work permit for employment in the Isle of Man does not breach the equal treatment obligation in Article 4 of Protocol No 3, provided the requirement is applied without discrimination. Protocol No 3 does not require Community nationals to be treated as Manxmen are treated in the UK regarding employment.

Citation
[1991] EUECJ C-355/89
Parties
Prosecutor: Department of Health and Social Security (Isle of Man); Defendant: Mr Barr; Defendant: Montrose Holdings Limited
Jurisdiction
European Union
Judgment Date
03 July 1991
Procedural Posture
Preliminary Ruling (article 177 Eec) / Reference From Deputy High Bailiff's Court, Douglas (isle of Man)
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Interpretation of Protocol No 3, Equal Treatment, Work Permits, Employment Discrimination, Scope of Community Law in Isle of Man
European Union Law Employment Law Constitutional Law Interpretation of Protocol No 3 Equal Treatment Work Permits Employment Discrimination Scope of Community Law in Isle of Man

Case Brief

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Parties

Department of Health and Social Security (Isle of Man)

Prosecutor

Mr Barr

Defendant

Montrose Holdings Limited

Defendant

Procedural Posture

Preliminary Ruling (article 177 Eec) / Reference From Deputy High Bailiff's Court, Douglas (isle of Man)

Legal Issues

  1. 1 Whether the Control of Employment Act 1975 (Isle of Man) contravenes Protocol No 3 regarding equal treatment of Community nationals
  2. 2 Whether Article 4 of Protocol No 3 prohibits requiring work permits for Community nationals
  3. 3 Whether Protocol No 3 requires Isle of Man authorities to treat Community nationals as Manxmen are treated in the UK

Ratio Decidendi

Requiring all Community nationals to hold a work permit for employment in the Isle of Man does not breach the equal treatment obligation in Article 4 of Protocol No 3, provided the requirement is applied without discrimination. Protocol No 3 does not require Community nationals to be treated as Manxmen are treated in the UK regarding employment.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • The requirement for work permits for Community nationals in the Isle of Man does not breach Article 4 of Protocol No 3, even if derogations exist for certain employments resulting in differences of treatment on grounds of nationality.
  • Protocol No 3 does not require Isle of Man authorities to grant Community nationals the same employment treatment as Manxmen receive in the United Kingdom.