14Furthermore, with regard to the factual nature of the alleged infringement of Article 39 EC and Article 3 of Regulation No 1612/68, it should be recalled that, according to the first of those two articles as interpreted by the Court, where a public body of a Member State, in recruiting staff for posts which do not fall within the scope of Article 39(4) EC, provides for account to be taken of candidates’ previous employment in the public service, that body may not, in relation to Community nationals, make a distinction according to whether such employment was in the public service of that particular State or in the public service of another Member State (see, inter alia, Scholz, cited above, paragraph 12).
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