Official Journal of the European Union
Judgment of the Court (Sixth Chamber) of 28 April 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León — Spain) — Gerencia Regional de Salud de Castilla y León v Delia
(Case C-86/21) (1)
(Reference for a preliminary ruling - Freedom of movement for workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 7(2) - Equal treatment - National system for the recognition of health professionals’ career progression - Failure to take professional experience gained in another Member State’s health services into consideration - Barrier)
Language of the case: Spanish
Tribunal Superior de Justicia de Castilla y León
Parties to the main proceedings
Applicant: Gerencia Regional de Salud de Castilla y León
Operative part of the judgment
Article 45 TFEU and Article 7 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding national legislation on the recognition of career progression within the health service of a Member State which prevents his or her professional experience gained within a public health service of another Member State from being taken into account for the purposes of calculating length of service, unless the restriction on freedom of movement for workers included in that legislation serves to fulfil an objective in the general interest, makes it possible to ensure the attainment of that objective, and does not go beyond what is necessary to achieve that objective.
(1) OJ C 189, 17.5.2021.