C-332/90
ECLI:EU:C:1991:412
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OPINION OF MR DARMON —CASE C-332/90
OPINION OF MR ADVOCATE GENERAL DARMON delivered on 5 November 1991 *
Mr President, the test for the intermediate technical Members of the Court, service. By letter dated 29 October 1987 he stated that he would like to remain an employee and was withdrawing his previous declaration.
1. The questions submitted to the Court for a preliminary ruling by the Arbeitsgericht Elmshorn have their origin in a situation which does not appear to involve the application of Community law.
4. It seems that the status of contractual employee had certain pecuniary advantages for Mr Steen in relation to that of a civil 2. The facts may be summarized as follows. servant: on 1 May 1988 the salary under la Volker Steen has been employed as a paid to the plaintiff amounted to manual worker with the Deutsche DM 2 644.04 whereas if he had had the Bundespost since 15 March 1973. On 12 status of civil servant at that date his net July 1985 he applied for a post involving salary in grade A5 would have been DM 'maintenance duties', supervision duties, 2 416.39. It also seems that according to the stores administration in the 'milderer prevalent German expert opinion civil (technischer) Dienst' (intermediate technical servants in the Deutsche Bundespost may service). Since the date of an order of the not exercise the right to strike which Federal Minister for the Post Office and contractual employees may do. Telecommunications of 14 May 1985 entry to employment in the intermediate technical service is conditional upon completion of a period of training during which the trainee is employed under a contractual system. The applicant must furthermore undertake to accept appointment in the civil service on completion of the period of training. 5. After being appointed to a post in the Salary Group IIa Mr Steen challenged his appointment before the national court. In so far as nationals from other Member States of the Community are not admitted to posts 3. Mr Steen made that declaration in July in the civil service and since the contractual 1985 and the following month began lus employment only of German nationals is period of two years' training in the post A7 restricted ratione temporis, he considers he is Pt/M with classification in the Salary the victim of discrimination contrary to Group la. On 13 October 1987 he passed Articles 7 and 48(2) of the EEC Treaty.
* Original language: French.
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STEEN v DEUTSCHE BUNDESPOST
6. Hie national court therefore submits right of freedom of movement and, for three questions for a preliminary ruling in example, never worked, been trained or relation to the interpretation of Articles 7 obtained any diploma in another Member and 48(2) and (4) of the EEC Treaty. Sute of the Community. In the case of a purely domestic situation the rules of the Treaty on free movement of workers have no application. What legal writers describe 7. I do not, however, think that there is as 'reverse discrimination', is therefore not anything in Community law relevant to this covered by the principles of Community case. law.
8. The Court has consistently held that:
10. Accordingly Article 7 of the Treaty T h e Treaty provisions on freedom of cannot apply to him either, since it prohibits movement for workers and the rules discrimination on grounds of nationality adopted to implement them cannot be only 'within the scope of application of this applied to cases which have no factor Treaty*. Furthermore the Court has held linking them with any of the situations that Article 7 covered by Community law.
Such is undoubtedly the case with workers who have never exercised the right to freedom of movement within the 'applies independently only to situations Community.' ' governed by Community law in regard to which the Treaty lays down no specific prohibition of discrimination.'1
9. Although there is nothing to prevent Mr Steen, who is a German national, from relying on the provisions of Articles 7 and 48 of the EEC Treaty against his own State, 2 he has, however, never exercised his
1 — Judgment in Joined Cases 35/82 and 36/82 Monoa and The principle of prohibition of discrimi Jharuan v Situe of the Netherlands [1982] ECR 3723, paragraphs 16 and 17; see also judgments in Case 155/78 nation based on nationality is given specific Regina v Stunden [1979] ECR 1129, paragraph II, Case expression in Article 48(2) in relation to free 180/83 Moser v Und Badcn-Vūrttemberg [1984] ECR 2539, paragraph 15, Casc 298/84 ¡ono v Azienda movement of workers.4 Autonoma della ferrane detto Suto [19861 ECR 247, paragraph 14, Case 147/87 Zaoul v O M A f l F [1987] ECR 5511, paragraph 15. 3 — Judgments in Case 305/87 Commission v Greece [1919] 2 — Judgments in Casc 115/78 Knoon v Secretary of State for ECK 1461, paragraph I), Case C-IO/90 Mastio v Bundes- Economic Anain [1979] ECR 399, paragraph 24, Case Knappschaft [1991] ECR 1-1119. 271/82 Auer v Minútete Public [1983] ECR 2727, Case 4 — See judgment in Case C-41/90 Hoher and Eber v 292/86 Cullung v ConseUs de rOrdre des Avocats du Macrotoe GeseOschaft für Datenerfassuagstysteme mit Barreau de Colmar et de Sårerne [1988] ECR 111, para- beschrankter Haftung [1991] ECR M 979 paragraphs 35 graphs IC to 13, Case 130/88 Van de Billy Staatssecretaris to 40, (ot a similar situation in relation to freedom to ran Economische Zaken [1989] ECR 3039. provide services.
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OPINION OF MR DARMON —CASE C-332/90
11. I therefore conclude that the Court should rule as follows:
Articles 7 and 48 of the EEC Treaty and the implementing provisions do not apply to purely domestic situations of a Member Sute such as where a national of the State has never resided, worked, acquired a training or obtained a qualification in another Member Sute.
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