Judgment_paragraph 46 · European Commission v Republic of Cyprus (C-515/14)

46As regards the Republic of Cyprus’s argument that the legislation at issue in the present case does not treat migrant workers less favourably on the ground that it applies indiscriminately to all workers choosing to leave the Cypriot civil service in order to work in their Member State of origin or in another Member State, it should be recalled that for a measure to restrict freedom of movement, it is not necessary for it to be based on the nationality of the persons concerned or even for it to have the effect of bestowing an advantage on all national workers or of operating to the detriment solely of nationals of other Member States, but not of nationals of the State in question. It is enough that the measure should benefit certain categories of persons pursuing occupational activity in the Member State in question (see judgments in Bosman, C‑415/93, EU:C:1995:463, paragraphs 94 and 95, and Government of the French Community and Walloon Government, C‑212/06, EU:C:2008:178, paragraph 50 and the case-law cited).

European Commission v Republic of Cyprus (C-515/14)

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