2Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (Official Journal, English Special Edition 1968 (II), p. 475), referred to in the letter of formal notice and in the reasoned opinion issued by the Commission in the context of the present case, was repealed and replaced by Regulation No 492/2011 as from 16 June 2011, subsequent to the expiry of the period referred to in the reasoned opinion. Nevertheless, the wording of Article 3(1) of Regulation No 492/2011 is identical to that of Article 3 of Regulation No 1612/68 and provides:‘Under this Regulation, provisions laid down by law, regulation or administrative action or administrative practices of a Member State shall not apply:(a) where they limit application for and offers of employment, or the right of foreign nationals to take up and pursue employment or subject these to conditions not applicable in respect of their own nationals; or(b) where, though applicable irrespective of nationality, their exclusive or principal aim or effect is to keep nationals of other Member States away from the employment offered.The first subparagraph shall not apply to conditions relating to linguistic knowledge required by reason of the nature of the post to be filled.’
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