Judgment_paragraph 34 · Wolfram Bechtel and Marie-Laure Bechtel v Finanzamt Offenburg (C-20/16)

34It is true that Article 45(4) TFEU provides that the provisions of Article 45(1) to (3) TFEU, which lay down the fundamental principle of the freedom of movement for workers and the abolition of all discrimination based on nationality between workers of the Member States, do not apply to employment in the public service. However, taking account of the fundamental nature, in the scheme of the Treaty, of the principles of freedom of movement and equality of treatment of workers within the European Union, the exceptions made by that provision cannot have a scope going beyond the aim in view of which that derogation was included (judgments of 12 February 1974, Sotgiu, 152/73, EU:C:1974:13, paragraph 4, and of 26 April 2007, Alevizos, C‑392/05, EU:C:2007:251, paragraph 69).