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Case C-568/10: Action brought on 6 December 2010 — European Commission v Republic of Austria
ECLI:EU:UNKNOWN:62010CN0568
62010CN0568
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Valentina R., lawyer
19.2.2011
EN
Official Journal of the European Union
C 55/19
(Case C-568/10)
2011/C 55/33
Language of the case: German
Parties
Applicant: European Commission (represented by: Maria Condou-Durande and W. Bogensberger, Agents)
Defendant: Republic of Austria
Form of order sought
—declare that, by introducing rules under which students who are third-country nationals may be granted a work permit only after the labour-market situation in Austria has been examined in order to ensure that the vacancy cannot be filled by someone registered as unemployed, the Republic of Austria has failed to fulfil its obligations under Article 17(1) of Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service; (1)
—order the Republic of Austria to pay the costs.
Pleas in law and main arguments
The Commission considers that the provisions of Austrian law systematically deny students who are third-country nationals access to the labour market, in that they are issued a work permit for a vacant position only if a check has been previously carried out as to whether the position cannot be filled by a person registered as unemployed. Consequently, according to the Commission, the number of work permits issued for this category of persons is very low. For that reason, only 10 % of students who are third-country nationals, in comparison with 70 % of Austrian students, have the possibility to finance part of the costs of their studies by means of employment.
In the view of the Republic of Austria, these restrictions are justified. It claims that, because of its free access to university and low university fees, Austria is particularly attractive for third-country nationals. Due to their inadequate knowledge of German and lack of professional qualifications, they generally find employment in unqualified areas and thereby increase yet further the currently high unemployment rate in this sector.
* Language of the case: German.