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Case presentation
Case C-281/98, 6 June 2000
Roman Angonese vs.
Cassa di Risparmio di Bolzano SpA
Jaroslav Stránský

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Case facts
nMr Angonese is an Italian national whose mother tongue is German and who is resident in the
province of Bolzano. nMr. Angonese went to study in Austria between 1993 and 1997. nIn 1997 he
applied to take part in a competition for a post with private banking undertaking in Bolzano, the
Cassa di Risparmio.
n

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Case facts
nOne of the conditions for entry to the competition was a type-B certificate of bilingualism (in
Italian and German). nThe Certificate is issued by the public authorities of the province Bolzano
after an examination which is held only in that province. nMr Angonese was perfectly bilingual, but
he did not have the Certificate. nThe Cassa di Risparmio informed Mr Angonese that he could not be
admitted to the competition.
n

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Case facts
nMr Angonese complains that the requirement to have the Certificate is unlawful and contrary to the
principle of freedom of movement for workers. nMr Angonese claims that the requirement should be
declared void and the Casa di Risparmio should be ordered to compensate him for his loss of
opportunity.
n

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Preliminary question
nThe Italian court decided to stay proceedings and to refer the following question to the Court:
nIs it compatible with the EU law to make the admission of candidates for a competition organised
to fill posts in a company governed by private law conditional on posession of the official
certificate attesting to knowledge of local languages issued exclusively by a public authority of a
Member State at a single examination centre?

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Court decision
nThe Certificate can be obtained only in one province of Italy. Persons not resident in that
province have little chance of acquiring the Certificate and it will be difficult for them to gain
access to the employment in question. The majority of residents of the province Bolzano are Italian
nationals. The obligation to have the Certificate puts nationals of other Member States at
disadvantage. nRequiring an applicant for a post to have certain level of linguistic knowledge may
be legitimate. nWhere an employer make a person‘s admission to a recruitment competition subject to
a requirement to provide evidence of his linguistic knowledge exclusively by means of one
particular diploma issued only in one particular province of a Member State, that requirement
constitutes discrimination on grounds of nationality.
n