English for Lawyers

9. A judgment of the European Court of Justice (one judgment by choice).
Judgement of the Court of 3 June 1986.
Subject on the case is the nationality requirement for appointment and establishment in permanent employment as a nurse in public hospitals and the accusation of the French Republic in failing to fulfill its obligations under the EEC Treaty.
The parties are the Commission of the European Communities and the French Republic.
The Commission of the European Communities brought an action that the French Republic had failed to fulfill its obligations under Article 48 of the EEC Treaty.
First of all, the Commission sent a letter to the French Government calling upon it to submit its observations. Having received no reply, the Commission delivered a reasoned opinion. The Commission wanted the French Republic to submit their observations, but the French Republic did not respond to the reasoned opinion too.
The French Republic said that it isn’t obligatory to be a national of French Republic, because people can work just under the contract. The EC argument was that it is discrimination because people who work under the contract can’t pretend to promote in this career.
Two questions were asked in the proceedings. The first question was whether a nurse is a public servant or not? The answer was that in view of the nature of the functions and responsibilities which they involve, posts of nurses in public hospitals do not constitute employment in the public service within the meaning of Article 48 (4) of the Treaty. The second question was whether it is the case of discrimination or not?
The Commission concluded that it is discrimination on the national base, so the French Republic has failed to fulfill its obligations.
On the mentioned grounds,
THE COURT
(1) Declared that by restricting to its own nationals appointment and establishment in permanent employment as a nurse in a public hospital, the French Republic has failed to fulfill its obligations under Article 48 of the EEC Treaty and (2) Ordered the French Republic to pay the costs.
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