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Databáze č. 17 : Databáze judikatury
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Číslo (Kód CELEX):
Number (CELEX Code):
61985J0066
Název:
Title:
JUDGMENT OF THE COURT OF 3 JULY 1986. DEBORAH LAWRIE - BLUM V LAND BADEN - WUERTEMBERG. REFERENCE FOR A PRELIMINARY RULING FROM THE BUNDESVERWALTUNGSGERICHT. WORKER - TRAINEE TEACHER. CASE 66/85.
Publikace:
Publication:
REPORTS OF CASES 1986 PAGES 2121 - 2148
Předmět (klíčová slova):
Keywords
FREE MOVEMENT OF WORKERS;
Související předpisy:
Corresponding acts:
157E048
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
    Levin Case 53/81 Levin v Staatssecretaris van Justitie [1982] ECR 1035
    Sotgiu Case 152/73 Sotgiu v Deutsche Bundespost [1974] ECR 153
    Walrave Case 36/74 Walrave v Union Cycliste Internationale [1974] ECR 1405
    Case 307/84, Commission v France [1986] ECR 1725
Plný text:
Fulltext:
Ano

Fakta:
Deborah Lawrie-Blum, of British nationality, after passing at the University of Freiburg the examination for the profession of teacher at a secondary school (“Gymnasium”) sought admission to the “Vorbereitungsdienst”, a preparatory service leading to the Second State Examination. This examination is de jure essential for admission to the profession of a teacher in the State school and de facto necessary for employment in private schools.
The preparatory service consists of two one-year stages. The first consists of training at a teachers’ training college and at a school, during the latter, the trainee can be obliged to give lessons for up to 11 hours a week. During the preparatory service, the candidates are being appointed trainee teacher (“Studienreferendar”) with the status of temporary civil servant (“Beamter auf Widerruf). They receive a remuneration and enjoy all the advantages of civil service status. The remuneration of trainee teachers, however, below the starting salary of a qualified teacher.
The Land Baden-Würtemberg, being the competent authority in that matter, refused Miss Lawrie-Blum admission to the preparatory service on the ground that she was not of German nationality.


Názor soudu a komentář:
The first issue raised by the Court was the definition of “worker” in the meaning of Article 48 of the Treaty. Relying on its judgement in Levin (), the Court initially points out that this term has to be construed broadly, because it defines the scope of the freedom of movement for workers which was fundamental for the Community. On this basis, the Court establishes a three-element definition of the “worker” which relies on “objective criteria”, referring to the rights and duties of the person concerned. Under this definition, a worker is a person who (1) performs services (2) under the direction of another person (3) in return for which he receives remuneration.
Trainee teachers, according to the Court, fulfil all three elements, giving lessons under the direction of the school in return for remuneration. For the Court it is immaterial that the employment is at the same time part of the practical training, that it may lack “economic nature” and that it may be governed by public law. As to the “economic nature”, the Court refers to its judgement in Walrave () where it had pointed out that the application of Article 48 is “irrespective of the sphere in which it is carried out”. In the Sotgiu case () the Court had emphasised that the legal nature of the relationship between employer and employee was of no relevance for the applicability of Article 48.
Having thus determined that the employment in question falls in the scope of application of Article 48, the Court examines whether the exemption of Article 48 (4) applies, in other words, whether the employment in question is such “in the public sector”. In accordance with a line of prior judgements, the Court first emphasises that this exception has to be construed narrowly ( Case 307/84, Commission v France). It then puts forward a more elaborate definition of employment in the public service which consists of three elements: Employment in the public service refers to posts which (1) involve direct or indirect participation in the exercise of powers conferred by public law and (2) in the discharge of functions whose purpose is to safeguard the general interests of the State or of other public authorities and (3) which therefore require a special relationship of allegiance to the State on the part of persons occupying them and reciprocity of rights and duties which form the foundation of the bond of nationality.
The Court thus confirms prior judgement in that (a) the exception of Article 48 (4) has to be construed narrowly and that (b) the term “employment in public service” is one of Community law and thus independent of designations give by the national laws of the Member States.
The strict conditions of this definition were not fulfilled in the present case, the preparatory service for the teaching profession therefore is not “employment in the public service” under Article 48 (4) of the Treaty.


Shrnutí (Summary of the Judgment):
1. THE TERM' WORKER' IN ARTICLE 48 HAS A COMMUNITY MEANING. IT MUST BE DEFINED IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH DISTINGUISH THE EMPLOYMENT RELATIONSHIP BY REFERENCE TO THE RIGHTS AND DUTIES OF THE PERSONS CONCERNED. THE ESSENTIAL FEATURE OF AN EMPLOYMENT RELATIONSHIP IS THAT A PERSON PERFORMS SERVICES OF SOME ECONOMIC VALUE FOR AND UNDER THE DIRECTION OF ANOTHER PERSON IN RETURN FOR WHICH HE RECEIVES REMUNERATION. THE SPHERE IN WHICH THEY ARE PROVIDED AND THE NATURE OF THE LEGAL RELATIONSHIP BETWEEN EMPLOYEE AND EMPLOYER ARE IMMATERIAL AS REGARDS THE APPLICATION OF ARTICLE 48. THEREFORE, A TRAINEE TEACHER WHO, UNDER THE DIRECTION AND SUPERVISION OF THE SCHOOL AUTHORITIES, IS UNDERGOING A PERIOD OF SERVICE IN PREPARATION FOR THE TEACHING PROFESSION DURING WHICH HE PROVIDES SERVICES BY GIVING LESSONS AND RECEIVES REMUNERATION MUST BE REGARDED AS A WORKER WITHIN THE MEANING OF ARTICLE 48 (1) OF THE EEC TREATY, IRRESPECTIVE OF THE LEGAL NATURE OF THE EMPLOYMENT RELATIONSHIP.

2. THE EXPRESSION' EMPLOYMENT IN THE PUBLIC SERVICE' WITHIN THE MEANING OF ARTICLE 48 (4), WHICH IS EXCLUDED FROM THE AMBIT OF ARTICLE 48 (1), (2) AND (3), MUST BE UNDERSTOOD AS MEANING THOSE POSTS WHICH INVOLVE DIRECT OR INDIRECT PARTICIPATION IN THE EXERCISE OF POWERS CONFERRED BY PUBLIC LAW AND IN THE DISCHARGE OF FUNCTIONS WHOSE PURPOSE IS TO SAFEGUARD THE GENERAL INTERESTS OF THE STATE OR OF OTHER PUBLIC AUTHORITIES AND WHICH THEREFORE REQUIRE A SPECIAL RELATIONSHIP OF ALLEGIANCE TO THE STATE ON THE PART OF PERSONS OCCUPYING THEM AND RECIPROCITY OF RIGHTS AND DUTIES WHICH FORM THE FOUNDATION OF THE BOND OF NATIONALITY. THE POSTS EXCLUDED ARE CONFINED TO THOSE WHICH, HAVING REGARD TO THE TASKS AND RESPONSIBILITIES INVOLVED, ARE APT TO DISPLAY THE CHARACTERISTICS OF THE SPECIFIC ACTIVITIES OF THE PUBLIC SERVICE IN THE SPHERES DESCRIBED ABOVE. A PERIOD OF PREPARATORY SERVICE FOR THE TEACHING PROFESSION DOES NOT COME WITHIN THE SCOPE OF THAT PROVISION.

Plný text judikátu (Entire text of the Judgment):
Odkaz:


Deborah Lawrie-Blum proti spolkové zemi Bádensko-Württembersko. Věc 66/85. Recueil 1985, s. 2121.

Klíčová slova:

„Žádost o rozhodnutí o předběžné otázce podaná Bundesverwaltungsgerich - Pracovník – Učitel stážista.“


Předmět: Žádost, o rozhodnutí o předběžné otázce týkající se výkladu článku 48 Smlouvy o EHS a článku 1 nařízení č. 1612/68, , kterou Soudnímu dvoru na základě článku 177 Smlouvy o EHS podal Bundesverwaltungsgericht.
Část „Skutkové okolnosti “ se neuvádí

Právní otázky:


Pojem pracovník ve smyslu čl. 48 odst. 1

Pojem zaměstnání ve veřejné správě ve smyslu čl. 48 odst. 4


K nákladům řízení







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