Lawrie-Blum v Land Baden-Württemberg
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''Lawrie-Blum v Land Baden-Württemberg'' (1986) was a
European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
case about the
free movement of workers The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member stat ...
within the territory of the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
. The decision of the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European U ...
concerned the scope of protection for people with regard to employment rights. The Court took the view that an
employment contract An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old ...
requires someone to work under the direction of another.


Facts

Deborah Lawrie-Blum was a British national who had passed the first stage of
teacher training Teacher education or teacher training refers to programs, policies, procedures, and provision designed to equip (prospective) teachers with the knowledge, attitudes, behaviors, approaches, methodologies and skills they require to perform their t ...
whilst studying at the
University of Freiburg The University of Freiburg (colloquially german: Uni Freiburg), officially the Albert Ludwig University of Freiburg (german: Albert-Ludwigs-Universität Freiburg), is a public research university located in Freiburg im Breisgau, Baden-Württemb ...
. She was refused entry to the second stage of training by the State of
Baden-Württemberg Baden-Württemberg (; ), commonly shortened to BW or BaWü, is a German state () in Southwest Germany, east of the Rhine, which forms the southern part of Germany's western border with France. With more than 11.07 million inhabitants across a ...
because teachers in Germany are regarded as
civil servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
s. Federal law stated that such posts could only be held by German citizens. Lawrie-Blum took the case to the Administrative Court (Verwaltungsgericht) in Freiburg on the grounds that she was a worker and therefore entitled to obtain employment in any
EEC The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lis ...
state. The Administrative Court Freiburg and subsequently the Higher Administrative Court for the State of Baden-Württemberg (Verwaltungsgerichtshof) held that a trainee teacher was not a ‘worker’ within the terms of Article 48(1) of the Treaty of the European Economic Community, and even if it was, a public servant exemption in Article 48(4) applied. Lawrie-Blum then appealed to the
Bundesverwaltungsgericht The Federal Administrative Court (german: Bundesverwaltungsgericht, ) is one of the five federal supreme courts of Germany. It is the court of the last resort for generally all cases of administrative law, mainly disputes between citizens and t ...
(Federal Administrative Court) which requested a ruling from the European Court of Justice (ECJ).


Judgment

The ECJ stated that the concept of ‘worker’ in Article 48 should be interpreted broadly as (I) a person (II) performing services (III) under the direction of another (IV) for remuneration, and that included a trainee teacher. Article 48(4) is to be construed narrowly, and only to safeguard a state’s interests,


See also

*
Contract of employment An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old ...
*
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
EU labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
* German labour law


Notes

{{DEFAULTSORT:Lawrie-Blum v Land Baden-Wurttemberg Court of Justice of the European Union case law German case law 1986 in case law 1986 in Germany European Union labour case law 20th century in Baden-Württemberg