Case C-234/97 Teresa Fernández de Bobadilla v Museo Nacional del Prado, Comité de Empresa del Museo Nacional del Prado and Ministerio Fiscal [1999] ECR I-4773

Plaintiff, a Spanish citizen, was refused for consideration for a job with Defendant because her degree in art restoration was earned in the UK, and was not recognised as being equivalent to a Spanish degree, as was required under a collective agreement with Defendant’s workers.

ECJ held that Article 43 applied to those studying abroad before returning home to work, since there is clearly an international dimension.

• Also Community law requires that the PA consider, in the case of diplomas awarded in another Member State, the extent to which the knowledge and qualifications certified by the diploma awarded to the person concerned correspond to the knowledge and qualifications required under the legislation of the host Member State.

• Where they correspond only in part, it is also for the competent national authorities - or, where appropriate, the public body itself - to assess whether the knowledge acquired by the person concerned during a course of study or by way of practical experience is sufficient to show possession of knowledge to which the foreign diploma does not attest.