May
31
Ioannis Ioannidis [2005]
May 31, 2007 |
In this case, Mr. Ioannis Ioannidis, a Greek national, arrived in Belgium in 1994 after completing his secondary education in Greece. After a three-year period of study, he obtained a graduate diploma in physiotherapy in Belgium. In 2001, after a vestibular course in France, he returned to Belgium and applied to the Office national de l’emploi for a tide over allowance.
The question in this case was whether it is contrary to Community law for a Member State to refuse a tide over allowance to a national of another Member State who is seeking his first employment on the sole ground that he completed his secondary education in another Member State.
First, the ECJ stated that nationals of a Member State who are seeking employment in another Member State fall within the scope of article 39 EC Treaty and therefore can rely on the right to equal treatment.
Second, the ECJ pointed out that the principle of equal treatment prohibits both overt discrimination based on nationality and covert forms of discrimination, which, by applying other distinguishing criteria, lead in fact to the same result.
In conclusion, the question brought before the ECJ in this case is contrary to Community law (article 39 EC Treaty).
Text of the ECJ judgment
Text of the AG opinion