FACTS : In Bolzano, Northern Italian region where German is commonly spoken, bank required employees to be equally proficient in German and Italian.
-P, Italian citizen, studied at University of Vienna, contested bank's refusal to consider application without having taken the required test, stating that his university studies (which did not include German, and for which he did not receive a diploma for) should be considered to prove German proficiency.
ISSUE : Does the principal of non-discrimination in TFEU 45 have horizontal direct effect?
HOLDING: Yes, it must be regarded to applying to private persons as well.
ANALYSIS: Principal of non-discrimination in TFEU 45 is drafted in general terms, not specifically addressed to Member States.
-Prohibition on discrimination based on nationality applies BOTH to actions of public authorities as well as to rules of any other nature aimed at regulating in a collective manner gainful employment and the provision of services.
-Prohibition of discrimination applied equally to all agreements intended to regulate paid labour collectively, as well as to contracts between individuals.
ISSUE 2: Is the bilingual examination certificate requirement discriminatory?
HOLDING 2: Yes, principal of nondiscrimination precludes any requirement that the linguistic knowledge in question must have been acquired within the national territory.
ANALYSIS: The fact that it is impossible to submit proof of the required linguistic knowledge by any other means, in particular, by equivalent qualifications obtained in other member states, must be considered DISPROPORTIONATE in relation to the aim in view.