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Case C-132/22, Ministero dell’Istruzione, dell’Università e della Ricerca (Special lists): Judgment of the Court (Sixth Chamber) of 15 June 2023 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio — Italy) — BM, NP v Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR (Reference for a preliminary ruling — Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 3(1) — Obstacle — Equal treatment — Procedure for compiling lists for awarding posts in certain national public institutions — Requirement for admission linked to prior professional experience gained at those institutions — National legislation not allowing professional experience gained in other Member States to be taken into account — Whether justified — Objective of combating job insecurity)
ECLI:EU:UNKNOWN:62022CA0132
62022CA0132
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Valentina R., lawyer
31.7.2023
Official Journal of the European Union
C 271/6
(Case C-132/22, (<span class="oj-super oj-note-tag">1</span>) Ministero dell’Istruzione, dell’Università e della Ricerca (Special lists))
(Reference for a preliminary ruling - Freedom of movement for workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 3(1) - Obstacle - Equal treatment - Procedure for compiling lists for awarding posts in certain national public institutions - Requirement for admission linked to prior professional experience gained at those institutions - National legislation not allowing professional experience gained in other Member States to be taken into account - Whether justified - Objective of combating job insecurity)
(2023/C 271/07)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: BM, NP
Defendant: Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR
Operative part of the judgment
Article 45 TFEU and Article 3(1)(b) of 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
must be interpreted as precluding national legislation that provides that only candidates who have gained a certain amount of professional experience at national public higher-education institutions for the fine arts, music and dance may be admitted to a procedure for inclusion on the lists compiled for the purpose of recruiting, on permanent or temporary employment contracts, staff in those institutions and that thus prevents professional experience gained in other Member States from being taken into consideration for the purpose of admission to that procedure.
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Language of the case: Italian
ECLI:EU:C:2023:140