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Saturday, May 5, 2012

Lawrie-Blum v. Land Baden-Wurttemberg case brief

Lawrie-Blum v. Land Baden-Wurttemberg

FACTS 
-British national obtained teaching degree from German University, applied to Stuttgart teaching training program.
-Teacher training in Germany = 2 year program; prerequisite of being a high school teacher.
-P denied admission to program b/c German law made teachers public officials and required German nationality.
 
ISSUE:  Should a teacher-trainee be considered a worker?
 
HOLDING:  Yes, the fact that trainee teachers give lessons for only a few hours a week and are paid below the starting salary of a qualified teacher does not prevent them from being regarded as workers.
 
RULES  
Term "worker" has a community meaning, may not be interpreted differently by each state.
-Community concept of 'worker' interpreted broadly.
-Court looks at "rights and duties" of the persons concerned:
-The essential feature of an employment relationship 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.

ANALYSIS
-The court stated that the individual here gives service of some economic value to the school.
-Preparatory service not a bar to application of TFEU 45 if the service is performed under the conditions of an activity as an employed person.

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