ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national students – Directive 2004/38/EC – Article 24(2) – Derogation … Continue reading Commission v Netherlands: ECJ 2 Jun 2016
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement of persons – Citizenship of the Union – Equal treatment – Directive 2004/38/EC – Article 24(2) – Social Assistance – Regulation (EC) No 883/2004 – Articles 4 and 70 – Special non-contributory cash benefits – Exclusion of nationals of a Member State during … Continue reading Garcia-Nieto And Others (Judgment): ECJ 25 Feb 2016
References: C-233/14, [2016] EUECJ C-233/14, ECLI:EU:C:2016:396 Links: Bailii Ratio: ECJ (Judgment) Failure of a Member State to fulfil obligations – Articles 18 TFEU, 20 TFEU and 21 TFEU – Citizenship of the Union – Right to move and reside freely – Discrimination on grounds of nationality – Financial support for travel costs awarded to national … Continue reading Commission -V- Netherlands: ECJ 2 Jun 2016
The court considered the compatibility with EU law of regulations 21 and 24 of the 2006 Regulations, and the legality at common law of the appellant’s administrative detention from 3 April until 6 June 2012 and of bail restrictions thereafter until 2 January 2013. The regulations were designed to give effect to the Citizens Directive … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: SC 20 Apr 2016
ECJ (Opinion) European citizenship Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-23/08, [2009] EUECJ C-23/08 – O Links: Bailii Statutes: Directive 2004/38/EC Jurisdiction: … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 12 Mar 2009
ECJ (Opinion) European citizenship – Freedom of movement for persons – Concept of worker Validity of Article 24(2) of Directive 2004/38/EC Resident nationals of other Member States who have become unemployed after working for a short period Right to receive social assistance benefits. Citations: C-22/08, [2009] EUECJ C-22/08 – O Links: Bailii Statutes: Directive 2004/38/EC … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 12 Mar 2009
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
ECJ European citizenship Free movement of persons Articles 12 EC and 39 EC Directive 2004/38/EC Article 24(2) – Assessment of validity Nationals of a Member State Professional activity in another Member State Level of remuneration and duration of the activity – Retention of the status of ‘worker’ – Right to receive benefits in favour of … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 C-23/08: ECJ 4 Jun 2009
ECJ European citizenship Free movement of persons Articles 12 EC and 39 EC Directive 2004/38/EC Article 24(2) Assessment of validity Nationals of a Member State Professional activity in another Member State Level of remuneration and duration of the activity Retention of the status of ‘worker’ Right to receive benefits in favour of job-seekers Citations: ECLI:EU:C:2009:344, … Continue reading Vatsouras v Arbeitsgemeinschaft (ARGE) Nurnberg 900; Koupatantze v Arbeitsgemeinschaft (ARGE) Nurnberg 90 – C-22/08: ECJ 4 Jun 2009
The claimants, a Polish national and an Austrian national, appealed against decisions of the Court of Appeal upholding decisions that they were not entitled to certain benefits, namely income support and housing assistance respectively, pursuant to the provisions of United Kingdom domestic law. Held: The claimants’ appeals failed. When she applied, Ms Mirga was not … Continue reading Mirga v Secretary of State for Work and Pensions, Samin v Westminster City Council: SC 27 Jan 2016
ECJ Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Equal treatment – Directive 2004/38/EC – Article 24(2) – Social assistance – Regulation (EC) No 883/2004 – Articles 4 and 70 – Special non-contributory cash benefits – Member State nationals who are job-seekers and resident … Continue reading Jobcenter Berlin Neukolln v Alimanovic: ECJ 15 Sep 2015
