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Test for Free Movement of Workers, Stage 3 - Is the national provision…

- - - - Overt discrimination with regards to conditions of work and employment is prohibited (When writing an answer to a PQ blend this whole process together
        
        Article 45(2) TFEU - Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
        
        Workers Regulation 492/2011 Article 7(1) - A worker who is a national of a Member State may not, in the territory of another Member State, be treated differently from national workers by reason of his nationality in respect of any conditions of employment and work, in particular as regards remuneration, dismissal, and, should he become unemployed, reinstatement or re-employment.
        
        Then need to move on to determining if there are any justifications
      - Provisions of the Treaty relating to freedom of movement for persons […] preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. […] Provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned.’ (Bosman)
- - - - If the equally applicable measure hinders or renders FM less attractive this is prohibited providing that the equally applicable (non-discriminatory) barrier is justified by imperative requirements - Bosman
        
        Article 45 TFEU can prohibit not only overt discrimination but also non-discriminatory barriers to free movement or workers providing that the barrier is not justified by imperative requirements - Bosman
        
        Then need to move on to determining if there are any justifications
        
        Article 45(2) TFEU
      - Provisions of the Treaty relating to freedom of movement for persons […] preclude measures which might place Community citizens at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. […] Provisions which preclude or deter a national of a Member State from leaving his country of origin in order to exercise his right to freedom of movement therefore constitute an obstacle to that freedom even if they apply without regard to the nationality of the workers concerned.’ (Bosman)
- - - - A community regulation has direct effect and is, as such, capable of creating individual rights which national courts must protect - para 1
- - - - (2) At the direction of another person - Lawrie-Blum;Trojani C-456/02
        
        (3) And receive remuneration - Lawrie-Blum;Trojani C-456/02
        
        The remuneration does not need to reach the national minimum remuneration, nor the minimum for subsistence - Levin
        
        Remuneration can be in Kind
        
        Steymann 196/87 - about somebody living in a community where he received food and accommodation, CJEU left it to the national court to define if he was a worker, remuneration did not need to be monetary.
        
        Trojani C-456/02 - worked for salvation army in exchange for pocket money, accommodation and maintenance
      - Kempf 139/85: music teacher giving 12 hours of lessons per week is a worker.
      - Cannot be minimal but part-time work counts - Levin