Ingrid Boukhalfa v. Bundesrepublik Deutschland, Case C-214/94, CJEU, 30 April 1996

Citizen of a Member State resident in a third State employed as an employee hired locally at the embassy of another Member State. Discrimination based on citizenship.

Regulation (EEC) no. 1612/68 of the Council of 15 October 1968 on the free movement of workers within the Community

The prohibition of discrimination based on citizenship, sanctioned by art. 48 of the Treaty and 7 of Regulation no. 1612/68, applies to a citizen of a Member State permanently resident in a third State, who has been hired by another Member State at its embassy in that third country and whose employment contract has been stipulated. This prohibition extends to all aspects of the employment relationship governed by the legislation of the employer Member State. In fact, art. 227 of the Treaty does not exclude that the Community rules may produce effects outside the territory of the Community, in particular in relation to employment relationships which, while referring to work activities carried out outside that territory, retain a fairly close link with the territory of the Community. This principle must be understood in the sense that it concerns cases in which the employment relationship has a sufficient connection with the law of a Member State and, consequently, with the rules of Community law referred to in the specific case.