Facts
- Deborah Lawrie-Blum, a British national, sought entry to the preparatory training stage for secondary-school teachers in Germany.
- German authorities refused, contending trainee teachers were not “workers” within Article 48 of the Treaty of Rome.
- Lawrie-Blum challenged the refusal; the national court made a preliminary reference to the European Court of Justice asking how “worker” should be defined for free-movement purposes.
- The reference required clarification whether EU law, rather than national classifications, governed that definition.
Issues
- Does a trainee teacher engaged in preparatory service qualify as a “worker” under Article 48 EEC?
- What criteria does EU law apply to identify an employment relationship for the purposes of free movement?
Decision
- The ECJ ruled that Lawrie-Blum was a “worker” entitled to Article 48 protection.
- It articulated a three-element test for worker status: performance of services for another; receipt of remuneration; and subordination to the direction or control of that other person.
- The trainee teacher undertook teaching duties, was paid, and was subject to school authority control; all elements were satisfied.
- Member States therefore may not exclude such posts from free-movement rights on grounds of nationality.
Legal Principles
- “Worker” is an autonomous EU concept requiring uniform interpretation across Member States.
- An employment relationship exists where a person:
- performs genuine economic activity for another;
- receives remuneration (money or in-kind); and
- is subject to the other’s authority regarding how the work is carried out.
- The definition distinguishes employees from self-employed persons who retain independence.
- The test applies broadly to free movement, social-security coordination, and related directives.
Conclusion
Lawrie-Blum established the authoritative EU test—service, remuneration, and subordination—for determining worker status, confirming that trainee teachers benefit from Article 48 free-movement rights and cementing a uniform approach to employment relationships within the Union.