Pretura circondariale di Bolzano v. Horst Otto Bickel e Ulrich Franz, Case C-274/96, CJEU, 24 November 1998

National legislation recognizes the right to conduct criminal proceedings in a language other than the main language of the state. Protection of linguistic pluralism.

Art. 177 of the EC Treaty

1. The prohibition of any discrimination based on nationality, stated in art. 6 of the Treaty, also to those situations falling within the right to the freedom to provide services. Nationals of Member States who, without enjoying another freedom guaranteed by the Treaty, travel to another Member State in order to receive certain services fall within this provision and can travel and travel freely in the host Member State. Moreover, pursuant to art. 8 of the Treaty, every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions set out in the text of the Treaty.

2. The right recognized by national legislation to obtain that criminal proceedings take place in a language other than the main language of the State concerned falls within the scope of the Treaty and must comply with art. 6. While criminal law and the rules of criminal procedure are in principle reserved to the competence of the Member States, Community law places limits on that competence. Therefore, art. 6 of the Treaty precludes national legislation which recognizes the right of citizens of a specific language, other than the main language of the Member State concerned, who reside in the territory of a specific local authority, to obtain that the criminal proceedings take place in their own language. , without guaranteeing the same right to citizens of other Member States, of the same language, who circulate and reside in the territory.