Commission of the European Communities v Kingdom of Belgium (C-278/94)

Judgment of 12 Sept 1996

law://eu/cjeu/1994/c-278-94/para_27@2026-11-13

27Finally, regarding the fact that the contested condition applies without distinction, according to settled case-law the requirement of equal treatment laid down both in Article 48 of the Treaty and in Article 7 of Regulation No 1612/68 prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, by the application of other distinguishing criteria, lead in fact to the same result (see in particular Case 152/73 Sotgiu ν Deutsche Bundespost [1974] ECR 153, paragraph 11; Case C-27/91 URSSAF ν Le Manoir [1991] ECR I-5531, paragraph 10; Commission ν Luxembourg, cited above, paragraph 9; Case C-419/92 Scholz ν Opera Universitaria di Cagliari and Cinza Porcedda [1994] ECR I-505, paragraph 7, and, very recently, O'Flynn, cited above, paragraph 17).

Commission of the European Communities v Kingdom of Belgium (C-278/94)

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