Luxembourg, 12 May 2005
C-8/03, Commission of the European Communities v Italian Republic
Judgment of the Court of Justice (Second Chamber) on 12 May 2005 (link to English version when
Full text of this Judgment
Failure of a Member State to fulfil obligations - Freedom of movement for workers - Competition for the recruitment of teaching staff in Italian State schools - Failure to take account of or insufficient account taken of professional experience acquired in other Member States - Article 39 EC - Article 3 of Regulation (EEC) No 1612/68
1. Declares that the Italian Republic has failed to fulfil its obligations under Article 39 EC and Article 3(1) of Regulation No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community inasmuch as for the purposes of participation by Community nationals in competitions to recruit teaching staff in Italian State schools professional teaching experience acquired by those nationals is not taken into account, or at least not taken into account in the same way, depending on whether the teaching was carried out in Italy or in other Member States;
2. Orders the Italian Republic to pay the costs.