Vilniaus tarptautinė mokykla, Case C-48/24, CJEU (First Chamber), 12 February 2026

Freedom of establishment, restrictions and national language proficiency requirements.

Art. 49 TFEU
Art. 4, par. 2 TEU
Art. 22 Charter

1. The scope of application of the freedom of establishment guaranteed by Article 49 TFEU also covers the case of a school providing, for remuneration, an educational program in a language other than that of the Memmer State where it is established, provided that the share capital of the school is held to a significant extent by citizens of Member States other than the State of establishment.

2. The protection and promotion of a Member State’s official language form part of the national identity that the Union respects under Article 4(2) TEU, and constitute an expression of cultural richness and diversity as recognized and protected by Article 3(3) TEU and Article 22 of the Charter. As such, the protection and promotion of the official language is an objective of general interest capable of justifying restrictions to fundamental freedoms, including the freedom of establishment under Article 49 TFEU.

3. While imposing a certain level of proficiency in the official language on school staff constitutes an objective of general interest, the requirement under Lithuanian law – which applies to all teachers and administrative staff without exception or flexibility, and which can only be proven through a certificate issued by the Lithuanian National Agency for Education (to the exclusion of foreign diplomas) – goes beyond what is necessary and is disproportionate to the aim pursued.