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C-281/98. Agonese, an Italian national, applied for a post in the Cassa di Riparmio, a private bank in Bolzano, Italy. He was not considered for the post because he did not possess a `certificate of bilingualism' even though he was, as a matter of fact, bilingual. Agnose argued, successfully, that the requirement to produce a certificate of bilingualism was in breach of Art. 39 of the ECTreaty, which sets out to ensure FreeMovementOfWorkers. The requisite certificate could only be obtained in Bolzano, and this would clearly make it difficult for non-residents to obtain one.
The ECJ held that the bank's policy was, in fact, in breach of Art. 39. However, the important technical issue in this case is the scope of DirectEffect of Art. 39. Although Art. 39 had been held to have horizontal direct effect (see, for example, Bosman1993), all the previous cases had concerned quasi-public bodies -- bodies with the authority to create conditions of employment across multiple organizations. In Agonese, for the first time the ECJ recognized that Art. 39 creates obligations on individual employers, which need not even be particularly large.
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