ECJ The prohibition of discrimination based on nationality, laid down in Article 48(2) of the Treaty and Article 7(1) and (4) of Regulation No 1612/68 on freedom of movement for workers within the Community, applies to a national of a Member State who is permanently resident in a non-member country, who is employed by another Member State in its embassy in that non-member country and whose contract of employment was entered into and is permanently performed there, as regards all aspects of the employment relationship which are governed by the legislation of the employing Member State.
Article 227 of the Treaty, which defines the geographical application of the Treaty and, in principle, of secondary legislation, does not preclude Community rules from having effects outside the territory of the Community, in particular as regards employment relationships which, although they concern an activity pursued outside that territory, retain a sufficiently close link with the Community; that must be deemed to extend also to cases in which there is a sufficiently close link between the employment relationship, on the one hand, and the law of a Member State and thus the relevant rules of Community law, on the other.
Citations:
C-214/94, [1996] EUECJ C-214/94
Links:
European
Updated: 03 June 2022; Ref: scu.161399