33Regarding the arguments put forward by the Austrian and German Governments, both of which take the view that the national legislation at issue in the main proceedings has only a random impact on a migrant worker’s decision to join SALK, it should be borne in mind that the reasons why a migrant worker chooses to make use of his freedom of movement within the European Union are not to be taken into account in assessing whether a provision of national law is discriminatory. The possibility of exercising a freedom so fundamental as the freedom of movement for persons cannot be limited by such considerations, which are purely subjective (O’Flynn, paragraph 21).
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