25The equal treatment rule laid down in Article 45 TFEU and in Article 7 of Regulation No 492/2011 prohibits not only overt discrimination by reason of nationality but also all covert forms of discrimination which, through the application of other distinguishing criteria, lead in fact to the same result (see, inter alia, Case C-237/94 O’Flynn [1996] ECR I-2617, paragraph 17, and Case C‑172/11 Erny [2012] ECR, paragraph 39).
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