However, under Regulation (EEC) No 1612/68 issued on October 15 1968 on freedom of movement, which renders inapplicable statutory, administrative and regulatory provisions that have the effect of limiting the employment of nationals of other Member States and are not applicable to its own citizens or even if applicable but has the chief aim of hindering the employment of the nationals of other Member States, linguistic requirements are held exempted. Put differently, a Member State may require workers from other Member States certain linguistic competence if the same “is required by reason of the nature of the post” (Article 3 s) without violating the rule on national discrimination.
If Greta is going to teach music within UK providing music lessons to students eight hours a week, she has the right to enjoy freedom of residence albeit temporarily under the Treaty on the Functioning of the EU as a person providing services of profession. Under Article 56 of the said Treaty on the right of establishment, EU citizens have the right to provide services anywhere within the EU even beyond their respective national borders. Services under the Treaty context may refer to either one of the following: activities of an industrial character; activities of a commercial character; activities of craftsmen, and; activities of the professions (Article 57, Treaty on the Functioning of the EU). Greta may come within the ambit of one giving services involving activities of the music profession.
Costas cannot be rejected on the ground that being a postman is an “employment of public service” because it does not entail an exercise, directly or indirectly, of public power or the protection of the interest of the state.
Under the Treaty on the Functioning of the EU, the freedom of movement of workers from one Member State to other Member States within the EU is not applicable to public service employment. Article 45, s (d) specifically states that