Figure 11.4

Workers equal treatment branches into two. ELIGIBILITY FOR EMPLOYMENT and Working conditions. Eligibility for Employment is as follows. No direct discrimination which includes Bosman: 3 plus 2 rule regarding fielding of players; Commission versus France: nationality requirements and ratios on merchant ships; Commission v Italy: nationality requirement for private security guards. No indirect discrimination which includes Scholz: refusal to consider experience in another Member State; Groener: language requirements can be justified under Art 3 Regulation 492 slash 11 Angonese: linguistic knowledge slash certificate cannot be required to be acquired in a specific Member State. Obstacles to access the employment market includes Bosman: are in principle prohibited, but may be justified by reasons of public interest if they are proportionate; Terhoeve: greater social contributions because of work in another Member State; Commission v Denmark: requirement to register company cars for employees resident in Denmark; Graf: obstacles must affect access of workers to the labour market to be prohibited. WORKING CONDITIONS includes No direct discrimination; No indirect discrimination. No direct discrimination includes, Marsmann: protection against dismissal for German nationals resident in another Member State, but not for non-nationals resident there. No indirect discrimination includes Ugliola: refusal to take into account service in the military of another Member State for the calculation of seniority; and Sotgiu: different allowances for those not resident in the Member State at the time of Recruitment.

Figure 11.4 The right to equal treatment for workers

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