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Hartmann v Freistaat Bayern: ECJ 18 Jul 2007

Europa (Grand Chamber) (Free Movement Of Persons) Frontier worker Regulation (EEC) No 1612/68 Transfer of residence to another Member State Non-working spouse Child-raising allowance Not granted to spouse Social advantage Residence condition. Judges: V Skouris, P Citations: [2007] EUECJ C-212/05, [2008] All ER (EC) 1166, [2007] ECR I-6303, ECLI:EU:C:2007:437 Links: Bailii Jurisdiction: European Citing: Opinion … Continue reading Hartmann v Freistaat Bayern: ECJ 18 Jul 2007

Baumbast and Another v Secretary of State for the Home Department: ECJ 17 Sep 2002

The first applicant, his wife and her children had been granted leave to stay in the UK. At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave. The second applicant was the mother of children who also acquired leave. They each appealed refusal of leave to stay. … Continue reading Baumbast and Another v Secretary of State for the Home Department: ECJ 17 Sep 2002

Commission v Germany (Free Movement Of Persons): ECJ 31 Mar 2009

ECJ Opinion – Failure of Member State to fulfil obligations Infringement of Articles 12 EC, 18 EC and 39 EC, and of Article 7 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community National legislation concerning pecuniary incentives for savings-pensions. Judges: Mazak AG Citations: C-269/07, … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 31 Mar 2009

Wurttembergische Milchverwertung-Sudmilch AG v Salvatore Ugliola: ECJ 15 Oct 1969

ECJ Free movement of persons – workers – equality of treatment – national law affording protection against disadvantages resulting from fulfilment of obligations for military service – application to the nationals of other member states. (EEC treaty, article 48; regulation no 38/64/EEC of the council, article (9)1; regulation (EEC) no 1612/68 of the council, article … Continue reading Wurttembergische Milchverwertung-Sudmilch AG v Salvatore Ugliola: ECJ 15 Oct 1969

Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve: ECJ 20 Sep 2001

ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – Right of residence for students – National legislation which guarantees a minimum subsistence allowance only for nationals, … Continue reading Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve: ECJ 20 Sep 2001

Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

UK rules required that a wife of a migrant European worker must be resident for four years before applying for indefinite leave to remain, but a spouse of a person settled in the UK need only be resident for one year. There was no discrimination contrary to European Law which prevented rules restricting the free … Continue reading Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

Hartmann v Freistaat Bayern: ECJ 28 Sep 2006

Opinion – Interpretation of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community – Concept of worker – German official having transferred his permanent residence to Austria while continuing to work in Germany – Refusal to grant child-raising allowance (Erziehungsgeld) to his spouse of … Continue reading Hartmann v Freistaat Bayern: ECJ 28 Sep 2006

Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

The claimant had come from Latvia to the UK in 2008, but not registered under the Worker Registration Scheme until 2010. She now sought state pension credit. The SS appealed from a judgment that it was to calculate her entitlement to include her work before registration. It was additionally argued that a national measure adopted … Continue reading Secretary of State for Work and Pensions v Gubeladze: SC 19 Jun 2019

Commission v Germany (Free Movement Of Persons): ECJ 10 Sep 2009

ECJ Failure of a Member State to fulfil obligations – Freedom of movement for workers – Regulation (EEC) No 1612/68 Savings-pension bonus – Full liability to tax C. W. A. Timmermans, P [2009] EUECJ C-269/07, C-269/07 Bailii Citing: Opinion – Commission v Germany (Free Movement Of Persons) ECJ 31-Mar-2009 ECJ Opinion – Failure of Member … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 10 Sep 2009

Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011

The claimant challenged as incompatible with EU law, the Regulations which restricted the entitlement to state pension credit to those entitled to reside in the UK. Held: The appeal failed (Majority). The conditions imposed by the Regulations were indirectly discriminatory. There was not an exact correspondence between the advantaged and disadvantaged groups and the protected … Continue reading Patmalniece v Secretary of State for Work and Pensions: SC 16 Mar 2011