Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 January 2024 – VšĮ Vilniaus tarptautinė mokykla v Valstybinė kalbos inspekcija

(Case C-48/24, Vilniaus tarptautinė mokykla)

Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Applicant at first instance and appellant: VšĮ Vilniaus tarptautinė mokykla

Defendant at first instance and respondent: Valstybinė kalbos inspekcija

Questions referred

Is Article 49 of the Treaty on the Functioning of the European Union to be interpreted as meaning that it includes within its scope the requirement, laid down by national law, for proficiency in the State language which applies to the administrative staff and teachers of an educational establishment founded by a private natural person, which establishment implements an international secondary education programme and international baccalaureate programmes for primary years and middle years?

If the answer to the first question is in the affirmative, is Article 49 of the Treaty on the Functioning of the European Union to be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which the requirement for proficiency in the State language applies without exception, first, to all teachers working in an educational establishment founded by a private natural person delivering an international secondary education programme and international baccalaureate primary years and middle years programmes, and, second, to the administrative staff of such educational establishment, irrespective of any circumstances specific to the activities of the educational establishment concerned?

Is Article 53 of Directive 2005/36/EC ¹ of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications to be interpreted as precluding national legislation, such as that at issue in the main proceedings, under which the requirement for proficiency in the State language applies, without exception, to all teachers working in an educational establishment founded by a private natural person and delivering an international secondary education programme and international baccalaureate primary years and middle years programmes, irrespective of any circumstances specific to the activities of the educational establishment concerned?

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¹ OJ 2005 L 255, p. 22.