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Case C-830/18: Request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz (Germany) lodged on 28 December 2018 — PF and Others v Landkreis Südliche Weinstraße

ECLI:EU:UNKNOWN:62018CN0830

62018CN0830

December 28, 2018
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EN

Official Journal of the European Union

C 131/21

(Case C-830/18)

(2019/C 131/26)

Language of the case: German

Referring court

Parties to the main proceedings

Appellant: Landkreis Südliche Weinstraße

Respondents: PF and Others

Other party: Vertreter des öffentlichen Interesses

Questions referred

1.Is Article 7(2) 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 (1) to be interpreted as meaning that a provision of national law limiting the obligation of national local authorities (districts) regarding school transport to the residents of the wider constituent state (Land) has an indirectly discriminatory effect, even if it is established, on the basis of the factual circumstances, that the residence requirement quite predominantly excludes residents of the rest of the territory of the Member State from the benefit?

If Question 1 is to be answered in the affirmative:

2.Does the effective organisation of the school system constitute an imperative requirement of public interest which is capable of justifying indirect discrimination?

Language of the case: German.

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

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