Free Movement of workers - Obliged entities and persons
3 important questions on Free Movement of workers - Obliged entities and persons
ECJ case C-415/93, judgement of 15 Dec 1995, Bosman, paras 82-87, 92- 104. What was the decision of the ECJ?
- Professional footballer = worker
- Horizontal effect of freedom of workers -> collective rules of sporting associations
organised according to private law - Prohibition of measure which impedes or makes impossible a cross-border change
of employment - Prohibition to restrict possibility to leave the job
- Prohibition of limitation of number of professional players from other MS by football
associations
ECJ case C-350/96, judgement of 7 May 1998, Clean Car, paras 18-21, 26-30, 31 What were the facts of the case?
- The Clean Car Autoservice GmbH (seated in Austria) applied for
registration of a trade in Vienna - Registration was refused because Clean Car had a manager not residing in Austria
ECJ case C-350/96, judgement of 7 May 1998, Clean Car, paras 18-21, 26-30, 31 What was the decision of the ECJ?
- Prohibition of all forms of disguised/indirect discrimination
- Also employers may be beneficiaries of freedom of workers
- “It would be otherwise only if the imposition of such a residence
requirement were based on objective considerations independent of the nationality of the employees concerned and proportionate to a legitimate aim pursued by the national law.”
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