C-379/87, Groener

• Context: This case concerns Article 45 TFEU (Free Movement of Persons), focusing on indirect discrimination in the context of employment requirements.

• Facts: Groener, who applied for a teaching post in Ireland, was refused because she did not speak Irish, which was a requirement for the role.

• Outcome: The ECJ upheld the requirement, ruling it was lawful. However, it emphasised that such requirements must not be disproportionate to the legitimate aim they pursue.

Key Legal Points:

◦ Legitimate Requirements: A requirement like language proficiency can be justified if it is proportionate to the role’s requirements and necessary for the effective performance of duties.

◦ Proportionality: The level of knowledge required must be reasonable and not exceed what is necessary for the role.