María Martínez Sala v Freistaat Bayern: A Landmark Ruling on Equal Treatment and the Free Movement of Workers

Background

This case involves María Martínez Sala, a Spanish national who had resided in Germany for over 25 years. She had previously worked as a teacher in Spain and had obtained various teaching qualifications in Germany. However, she was denied a permanent teaching position in Bavaria because she lacked a German teaching certificate.

Facts of the Case

Sala filed a lawsuit against the German state of Bavaria, arguing that the requirement for a German teaching certificate violated European Union law on equal treatment and the free movement of workers.

Legal Framework

The relevant provisions of EU law include:

• Article 12 of the EC Treaty (now Article 18 of the TFEU): Prohibits discrimination based on nationality within the EU.
• Article 4(h) of the EC Treaty (now Article 45(4) of the TFEU): Guarantees the free movement of workers within the EU.

Ruling of the Court

On May 12, 1998, the European Court of Justice (ECJ) ruled in favor of Martínez Sala. The Court found that:

• The requirement for a German teaching certificate constituted indirect discrimination based on nationality.
• Germany had failed to justify the necessity of this requirement.
• The requirement hindered the free movement of workers by making it more difficult for qualified workers from other EU countries to obtain teaching positions in Germany.

Significance of the Ruling

The Martínez Sala ruling is a significant precedent for the protection of equal treatment and the free movement of workers within the EU. It established that member states cannot impose requirements that discriminate against EU workers without a legitimate justification.

This ruling has had a lasting impact on EU employment law and has helped ensure that workers can exercise their right to work and reside in other EU countries without facing unnecessary barriers.