Lawrie-Blum v Land Baden-Württemberg
| Lawrie-Blum v Land Baden-Württemberg | |
|---|---|
| Court | European Court of Justice |
| Decided | 3 July 1986 |
| Citation(s) | (1986) Case 66/85, [1986] ECR 2121 |
| Keywords | |
| Contract of employment | |
Lawrie-Blum v Land Baden-Württemberg (1986) Case 66/85 was a decision of the European Court of Justice concerning the scope of protection for people to employment rights. It took the view that an employment contract requires someone to work under the direction of another.
Facts
Deborah Lawrie-Blum was a trainee teacher in a West German school. She was denied admission to a preparatory service at a teachers’ training college because civil service posts were open only to Germans.
The German Landgericht held a trainee teacher was not a ‘worker’ within TEEC art 48(1), and even if it was, a public servant exemption in art 48(4) applied. The Bundesverwaltungsgericht (Federal Administrative Court) made a reference to the European Court of Justice (ECJ).
Judgment
The ECJ stated that the concept of ‘worker’ in art. 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,
| “ | 17. The essential feature of an employment relationship, however, is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. | ” |
See also
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- Sotgiu v Deutsche Bundepost (152/73) [1974] ECR 153
- Walrave v Association Union Cycliste Internationale (36/74) [1974] ECR 1405
- Levin v Staatssecretaris van Justitie (53/81) [1982] ECR 1035