Saturday, May 5, 2012

Wurttembergische Milchverwertungsudmilch v. Ugliola case brief

Wurttembergische Milchverwertungsudmilch v. Ugliola

FACTS
-German law required employers to treat period which employee must spend in military service as though it were employment for purposes of seniority and pension benefits.
-Italian worked in Germany for several years before being required to perform compulsory Italian military service obligation.
-Employer refused to treat period of Italian service as it would German service.
 
ISSUE: Can one state's employer discriminate based on military service?
 
HOLDING:  No, TFEU 45 does not allow member states to make any exceptions to the equality of treatment and protection required by the Treaty for all workers within the Community by indirectly introducing discrimination in favor of their own nationals alone based on obligations for military service.

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