Judgment of the Court (Second Chamber) of 23 February 2006 – Commission v Spain

(Case C-205/04)

Failure of a Member State to fulfil obligations – Freedom of movement for workers – Post in the public service – Failure to take account of seniority and professional experience acquired in the public service of other Member States – Article 39 EC – Article 7 of Regulation (EEC) No 1612/68

Freedom of movement for workers – Workers – Equal treatment (Art. 39 EC; Council Regulation No 1612/68, Art. 7) (see paras 14-19, operative part)

Re:

Operative part:

The Court:

1.Declares that, by failing to adopt legislative provisions which expressly provide, in respect of the Spanish civil service, for account to be taken, for financial purposes, of previous periods of employment in the public service of another Member State, the Kingdom of Spain has failed to fulfil its obligations under Article 39 EC and Article 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community;

2.Orders the Kingdom of Spain to pay the costs.