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Case C-317/14: Action brought on 2 July 2014 — European Commission v Kingdom of Belgium

ECLI:EU:UNKNOWN:62014CN0317

62014CN0317

July 2, 2014
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8.9.2014

EN

Official Journal of the European Union

C 303/28

(Case C-317/14)

2014/C 303/36

Language of the case: French

Parties

Applicant: European Commission (represented by: J. Enegren and D. Martin, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

The Commission claims that the Court should:

find that, in requiring persons applying for positions with local services established in French-speaking or German-speaking regions who do not have diplomas or certificates to show that they have completed their studies in the language concerned to obtain the certificate issued by SELOR (having taken the exam organised by that body), and in making that certificate the only way in which those persons can prove that they have the language skills needed for such positions, the Kingdom of Belgium has failed to fulfil its obligations under Article 45 TFEU and Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union; (1)

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The condition, set out in Belgian legislation, under which persons applying for vacant positions with local public services in French-speaking or German-speaking regions who do not have diplomas to show that they have completed their studies in the language concerned are required to prove their language skills before they can fill such positions and are given only one way in which they can do so constitutes discrimination prohibited by Article 45 TFEU and Regulation (EU) No 492/2011.

(1) OJ 2011 L 141, p. 1.

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