case brief
Case name: Groener v Minister for Education and the City of Dublin Vocational Educational Committee(379/87) [1989] ECR 3967
Facts: Mrs. Groener, who is a dutch national had been working as a part time teacher of art at the college of marketing and design, Dublin, since September 1982. In july 1984, Mrs. Groener entered a competition with a view to obtaining a permanent teaching post. she was successful in the competition however she failed the special examination in Irish. Circular letter no. 28/79 of the irish minister of education requires candidates for permanent posts as lectures in vocational educational institutions to have a certificate of proficiency in the Irish language or by passing a special examination in the Irish language. Mrs. Groener challenged the refusal to appoint her before the Irish courts. She argued that circular letter 28/79 was incompatible with article article 48 EEC and Article 3 of council regulation 1612/68 on freedom for workers within the community, which prohibit discrimination against community nationals.
Issues: Is a national provision requiring linguistic knowledge of one of the official languages of a member state for a permanent teaching post acceptable when knowledge of that language is not actually necessary to carry out the relevant duties
Holding: yes, nevertheless it cannot be disproportionate and must be fair. It has been a policy followed by the irish government for many years now to maintain and promote the use of Irish as a means of expressing national identity and culture. The requirement imposed on lecturers in public and vocational education schools to have a understanding of
Facts: Mrs. Groener, who is a dutch national had been working as a part time teacher of art at the college of marketing and design, Dublin, since September 1982. In july 1984, Mrs. Groener entered a competition with a view to obtaining a permanent teaching post. she was successful in the competition however she failed the special examination in Irish. Circular letter no. 28/79 of the irish minister of education requires candidates for permanent posts as lectures in vocational educational institutions to have a certificate of proficiency in the Irish language or by passing a special examination in the Irish language. Mrs. Groener challenged the refusal to appoint her before the Irish courts. She argued that circular letter 28/79 was incompatible with article article 48 EEC and Article 3 of council regulation 1612/68 on freedom for workers within the community, which prohibit discrimination against community nationals.
Issues: Is a national provision requiring linguistic knowledge of one of the official languages of a member state for a permanent teaching post acceptable when knowledge of that language is not actually necessary to carry out the relevant duties
Holding: yes, nevertheless it cannot be disproportionate and must be fair. It has been a policy followed by the irish government for many years now to maintain and promote the use of Irish as a means of expressing national identity and culture. The requirement imposed on lecturers in public and vocational education schools to have a understanding of