Ministere Public v. Mutsch
FACTS
-D, Luxembourg national whose native language is German resided/worked in German speaking community in Belgium.
-Belgium law permits Belgium nationals in certain German language regions to demand that criminal proceedings against them be conducted in German.
-D was convicted of a crime and did not get the benefit of the law.
ISSUE: Was D discriminated against?
HOLDING: Yes, a worker who is a national of one member state and habitually resides in another member state is entitled to require that criminal proceedings against him take place in [German] if workers who are nationals of the host member state have that right in the same circumstances.
ANALYSIS
FACTS
-D, Luxembourg national whose native language is German resided/worked in German speaking community in Belgium.
-Belgium law permits Belgium nationals in certain German language regions to demand that criminal proceedings against them be conducted in German.
-D was convicted of a crime and did not get the benefit of the law.
ISSUE: Was D discriminated against?
HOLDING: Yes, a worker who is a national of one member state and habitually resides in another member state is entitled to require that criminal proceedings against him take place in [German] if workers who are nationals of the host member state have that right in the same circumstances.
ANALYSIS
-Since D is a worker in the state, the court looks at it under TFEU 45.
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