ABSTRACT

In Commission v Belgium (Public Employees) (1979), all posts in the ‘public service’ were limited to Belgian nationals, nurses, etc. The Belgian government argued that those jobs were within the public service. The ECJ disagreed, holding that it only applied to the exercise of official authority and to employees who were safeguarding the general interests of the State. Lower levels should be assimilated, even though they could be barred promotion to higher posts. Such a bar would be legal.