On 5 April 2011, the European Parliament and the Council adopted Regulation 492/2011
which is also known as the Free Movement of Workers Regulation. The aim of this
Regulation is to ensure the principle of free movement of workers and to abolish any
discrimination based on nationality between Member States. The Regulation ensures
that any national of an EU Member State can work-in the territory of another Member
State, which ultimately contributes to the functioning of the internal market of the
Relevant provisions of free movement of workers regulation is:
1. worker who is a national of a Member State may not, in the territory of another
Member State, be treated differently from national workers by reason of his nationality in
respect of any conditions of employment and work, in particular as regards
remuneration, reinstatement or reemployment.
2. He shall enjoy the same social and tax advantages as national workers.
3. He shall also, by virtue of the same right and under the same conditions as national
access to training in vocational schools and retraining cerntres
4. Any clause of a colective or individual agreement or of any other collective regulation
concerning eligibility for employment, remuneration and other conditions of work or
dismissal shall be null and void in so far as it lays down or authorises discriminatory
conditions in respect of workers who are nationals of the other Member States.
The start-up company ‘Hexxus, which is specialized in building apps is located the
Republic of Cyrsta. Cyrsta joined the European Union in Novernber 2021 Hexxus is
very unhappy about all the European Union legislation that they have to folow since
Cyrsta joined the European Union, They aready had a difficult time with maintaining
qualified, skilled workers before the country’s accession to the EU The situation
worsened since Cyrsta joined the EU. as many citizens of Cyrsta are leaving because
the wages are higher in other EU Member States.
Hexus wants to attract more workers with Cyrstan nationality by providing them with
additional financial benefits and training courses which will not be offered to workers
from other EU Member States The company consults you as their legal counsellor with
regard to its possibility of not being subjected to the Free Movement of Workers
More specificaly. they would like to know:
1: Whether workers irom other EU menber states could rely on Article 7 of the Free
Movement of Workers Regulation against the Hexxus company?
2:Whether the Free Movement of Workers Requlation has been adopted in accordance
with the correct legal procedure and which principlels govern the choice of this legal
3:Whether and how can the company challenge the validity of the Regulation and what
are the ways in which the proceedings can reach the CJEU?
Please motivate your answers with references to legislation