Goeren v minister of education


The applicant, a Dutch national, was refused appointment to a full-time post as an art teacher after she had failed a test to assess her knowledge of the Irish language.
The EEC Treaty does not prohibit the adoption of a policy for the protection and promotion of a language of a member state which is both the national language and the first official language. The implementation of such a policy, however, must not encroach upon a fundamental freedom such as the free movement of workers nor must it discriminate against nationals of other member states.
In Ireland, the Irish language is both the national language and the first official language and, although not all of the population speaks Irish, its use is actively promoted by government policy. Provided that the level of knowledge of the language required is not dispropotionately high, and the requirement is applied in a non-discriminatory manner, then a language requirement is permissible under the Treaty.

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