C-19/92, Kraus

• Context: This case pertains to Article 45 TFEU (Free Movement of Persons), focusing on indirect discrimination related to the recognition of foreign qualifications.

• Facts: Kraus, a German student with an LLM degree from the UK, was informed that his qualification would not be recognised in Germany.

• Outcome: The ECJ ruled that the lack of recognition of foreign qualifications amounted to discrimination against the applicant. It held that this situation was within the EU’s competence to address.

Key Legal Points:

◦ Recognition of Qualifications: Barriers to the recognition of foreign qualifications can constitute indirect discrimination if they hinder the free movement of workers.

◦ EU Competence: The issue of mutual recognition of qualifications falls within the EU’s competence, aiming to facilitate the mobility of workers across member states.