40Contrary to what is claimed by the works council of Eurothermen and the Commission, the national legislation at issue in the main proceedings is not of such a kind as to deter Austrian workers who wish to leave their current employer in order to work for an employer in another Member State, while at the same time hoping subsequently to return to their original employer. It should be noted, as the Advocate General observes in points 60 to 62 of his Opinion, that such an argument is based on a set of circumstances which are too uncertain and indirect for that legislation to be capable of being regarded as liable to hinder the free movement of workers (see, to that effect, judgment of 27 January 2000, Graf, C‑190/98, EU:C:2000:49, paragraph 25).
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