Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38 / EC – Right of residence for more than three months – Article 14 (4) (b) – Job seekers – Reasonable time to take note of job offers that may be suitable for … Continue reading G M A (Demandeur D’Emploi) (Judgment): ECJ 17 Dec 2020
ECJ Failure of a Member State to fulfil obligations – Citizenship of the Union – Right to move and reside freely – Articles 20 TFEU and 21 TFEU – Discrimination on grounds of nationality – Article 18 TFEU – Directive 2004/38/EC – Article 24 – Derogation – Scope – Member State in which reduced fares … Continue reading European Commission v Republic of Austria C-75/11: ECJ 4 Oct 2012
A conventional street musician or `busker’, who solicits donations from passers-by, cannot be treated as a self-employed person for the purposes of Council Directive 2004/38/EC, and cannot, therefore, establish a right to reside as a self-employed `qualified person’ under the Immigration (EEA) Regulations 2006. A conventional street musician cannot satisfy the test for self-employment in … Continue reading N v Her Majestys Revenue and Customs (CHB) (European Union Law – Free Movement): UTAA 31 Jan 2021
ECJ Freedom of movement for persons – Right of residence – Conditions – Former migrant worker – Person without sufficient resources or sickness insurance cover – Social assistance in the form of housing assistance – Primary carer of a child residing in the host Member State for the purpose of studying there Article 12 of … Continue reading Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (European Citizenship): ECJ 20 Oct 2009
ECJ Freedom of movement for persons – Rights of residence of family members of former Community worker Rights of the children to pursue their studies in the host Member State Right of the mother, who is a national of a non-member country, to reside in the host Member State Article 12 of Regulation (EEC) No … Continue reading London Borough of Harrow v Ibrahim and Secretary of State for the Home Department (European Citizenship): ECJ 20 Oct 2009
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the previous exercise by him of his right of free movement in the territory of the … Continue reading Ruiz Zambrano (European Citizenship): ECJ 8 Mar 2011
ECJ Free movement of persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Taking into account periods of residence which ended before the transposition period for the directive expired on 30 April 2006 – Whether period of residence was lawful – Effects of a period of residence which does not constitute … Continue reading Secretary of State for the Home Department v Dias (European Citizenship): ECJ 17 Feb 2011
Free movement of persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Periods completed before the date of transposition of that directive – Legal residence – Residence based solely on a residence permit issued pursuant to Directive 68/360/EEC, without the conditions governing eligibility for any right of residence having been satisfied … Continue reading Secretary of State for the Home Department v Dias (European Citizenship): ECJ 21 Jul 2011
(Judgment) Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1, sub i) – Free movement of workers – Equal treatment – Social benefits – Directive 2004/38 / EC – Article 2, point 2 – Regulation (EU) No 492/2011 – Article 7, … Continue reading Caisse Pour L’Avenir Des Enfants (Enfant Du Conjoint D’Un Travailleur Frontalier) v FV: ECJ 2 Apr 2020
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
ECJ Social security for migrant workers – Regulation (EEC) No 1408/71 – Scope ratione personae – Grant of family benefits to a third-country national with a right of residence in a Member State – Regulation (EC) No 859/2003 – Directive 2004/38/EC – Regulation (EEC) No 1612/68 – Length-of-residence requirement L. Bay Larsen, P C-45/12, [2013] … Continue reading Office National D’Allocations Familiales Pour Travailleurs Salaries (ONAFTS) v Radia Hadj Ahmed: ECJ 13 Jun 2013
mg_prisonUTIAC1408 (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon imperative grounds of public security. (2) There is a tension in the judgment of the Court of Justice of … Continue reading MG (Prison-Article 28, (A) of Citizens Directive): UTIAC 12 Aug 2014
The claimant said that the council had not complied with the Regulations in its tendering process. Judges: Flaux J Citations: [2010] EWHC 1404 (QB), [2010] Eu LR 669, [2010] BLGR 801 Links: Bailii Statutes: Public Contracts Regulations 2006 47(6), EU Directive 2004/38 Jurisdiction: England and Wales Local Government Updated: 01 November 2022; Ref: scu.416770
ECJ Opinion – Free Movement of Persons – Higher education Public health Numerus clausus Residence requirement Equal treatment Principle of non’discrimination JustificationsSharpston AG said: ‘I take there to be direct discrimination when the category of those receiving a certain advantage and the category of those suffering a correlative disadvantage coincide exactly with the respective categories … Continue reading Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 25 Jun 2009
The claimants had been brought here illegally to act as servants for the defendants. They were taken advantage of and abused. They made several claims, but now appealed against rejection of their claims for discrimination. The court was asked whether discrimination because of, or on grounds of, immigration status amounts to discrimination because of, or … Continue reading Taiwo and Another v Olaigbe and Others: SC 22 Jun 2016
ECJ Citizenship of the Union Articles 18 and 21 TFEU Directive 2004/38/EC Article 24(1) Freedom to reside Principle of non-discrimination Access to higher education Nationals of a Member State moving to another Member State in order to pursue studies there Restriction on enrolment by non-resident students for university courses in the public health field Justification … Continue reading Bressol and Others, Chaverot and Others v Gouvernement de la Communaute francaise: ECJ 13 Apr 2010
The claimant appealed against the decision to deport him made on the basis of hs propensity to criminality. The court was asked whether a propensity to commit robberies was a sufficiently serious threat to society to allow expulsion. However it first had to asked whether it could consider this point which had not been addressed … Continue reading HB v Secretary of State for the Home Department: CA 11 Jul 2008
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that absence must come within regulation … Continue reading Babajanov (Continuity of Residence – Immigration (EEA) Regulations 2006) Azerbaijan: UTIAC 3 Oct 2013
Challenge to power of the SS to detain the claimant a national of the European Economic Area pending a decision to deport. The claimant was a third country national married to an EU national. He was detained pending deportation on the grounds of public policy after criminal convictions. He aid that the pwer granted to … Continue reading Nouazli, Regina (on The Application of) v Secretary of State for The Home Department: Admn 15 Mar 2013
ECJ Citizenship of the Union – Freedom of movement for workers – Principle of equal treatment – Article 45(2) TFEU – Regulation (EEC) No 1612/68 – Article 7(2) – Directive 2004/38/EC – Article 24(1) and (2) – Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student … Continue reading LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 2013
The court was asked whether an EU migrant worker was entitled to the protection of the homelessness provisions of the 1996 Act: ‘he is if he is a migrant worker from another EU country, exercising his EU rights as an Austrian citizen to work in another country. Otherwise he is not.’ Held: His appeal from … Continue reading Samin v City of Westminster: CA 21 Nov 2012
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
ECJ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person – Principle of legal certainty … Continue reading Hristo Byankov v Glaven Sekretar Na Ministerstvo Na Vatreshnite Raboti: ECJ 4 Oct 2012
Order for reference to European Court of Justice Judges: Lord Ballantyne UTJ Citations: [2012] UKUT 269 (IAC) Links: Bailii Jurisdiction: England and Wales Cited by: Reference – Onuekwere v Secretary of State For The Home Department ECJ 3-Oct-2013 ECJ Opinion – Right of Union citizens to move and reside freely within the territory of the … Continue reading Onuekwere (Imprisonment – Residence) Nigeria: UTIAC 3 Aug 2012
ECJ (Opinion) Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Protection against expulsion – Concepts of ‘public policy’ and ‘public security’ – Concept of ‘imperative grounds of public security’ – Criminal conviction for sexual abuse of a … Continue reading PI v Oberburgermeisterin Der Stadt Remscheid: ECJ 6 Mar 2012
UTIAC i. A person claiming to be an OFM under Article 3(2) of Directive 2004/38/EC may either be a dependant or a member of the household of the EEA national: they are alternative ways of qualifying as an OFM.ii. In either case the dependency or membership of the household must be on a person who … Continue reading Moneke and Others (EEA – OFMS) Nigeria: UTIAC 22 Aug 2011
i) Article 3(2) of Directive 2004/38/EC (‘Citizens Directive’) treats other family members (‘OFMs’) as a residual category and, in contrast to close family members (‘CFMs’) within the meaning of Article 2(2), does not limit it to particular types of relatives (plus spouses or civil partners). There is nothing in the Immigration (European Economic Area) Regulations … Continue reading Ihemedu (OFMS – Meaning) Nigeria: UTIAC 17 Aug 2011
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
UTIAC 1. The personal scope of the safeguards against expulsion which Article 27 of 2004/38/EC (the ‘Citizens Directive’) affords to ‘family members’ does not include ‘other family members'(OFMs).2. Hence Exception 3 to s.32(4) and (5) of the UK Borders Act 2007 (which arises where the removal of a foreign criminal from the United Kingdom in … Continue reading Rose (Automatic Deportation – Exception 3) Jamaica: UTIAC 13 Jul 2011
The claimant, a French woman and qualified teacher, now appealed against rejection of her claim for income support, saying that the defendant had failed to comply with the obligations of the European Citizens Directive designed to allow European Citizens to move freely within the Union. She had been in the late stages of pregnancy and … Continue reading JS v Secretary of State for Work and Pensions: CA 13 Jul 2011
ECJ (External Relations) Association Agreement EEC-Turkey – Decision No 1 / 80 of the Association Council – Article 7, first paragraph – Turkish national who spent ten years before the expulsion order on the territory of the Member State Home – Criminal convictions – Extending the scope of Article 28, paragraph 3, a) of Directive … Continue reading Ziebell v Land Baden-Wurttemberg (Anciennement Ornek): ECJ 14 Apr 2011
The court was asked ‘whether an EU citizen who is no longer a self-employed person retains the status of worker or self-employed person in the circumstances described in sub-paragraphs (b) and (c) of article 7(3) [of Directive 2004/38] by virtue of his previous employment as a self-employed person.’ Judges: Sedley, Moore-Bick, Elias LLJ Citations: [2010] … Continue reading Tilianu, Regina (on The Application of) v Secretary of State for Work and Pensions: CA 8 Dec 2010
ECJ (European Citizenship) Citizenship of the Union – Right of Union citizens to move and reside freely within the territory of the Member States – Dual nationality – Article 21 TFEU – Directive 2004/38/EC – Beneficiary – Legal residence – Family unification – Discrimination against one’s own nationals. Citations: C-434/09, [2010] EUECJ C-434/09, [2011] EUECJ … Continue reading McCarthy v Secretary of State for the Home Department: ECJ 25 Nov 2010
European Union Law – Agreement On European Economic Area – The observations of the Supreme Court in SSWP v Gubeladze [2019] UKSC 31, holding that factual, not legal, residence is what Article 17(1)(a) of Directive 2004/38 requires, are equally applicable to Article 17(1)(b). Citations: [2019] UKUT 250 (AAC) Links: Bailii Jurisdiction: England and Wales Benefits … Continue reading Secretary of State for Work and Pensions v NZ (ESA) (Final Decision): UTAA 13 Aug 2019
‘what steps a national of an EU Member State must take in order to preserve her status as a worker for the purposes of Article 7(3)(c) of the Citizenship Directive 2004/38/EC (‘the Directive’) when she has become involuntarily employed.’ Citations: [2009] UKUT 287 (AAC) Links: Bailii Benefits Updated: 17 August 2022; Ref: scu.410692
The claimant, an EU national, came to the UK to join her son. He had worked but became dependent on benefits. She sought payment of the State Pension. Held: A refusal to pay the pension would dissuade workers from moving around within the EU, and was therefore contrary to EU law and the Citizens Directive. … Continue reading Pedro v Secretary of State for Work and Pensions: CA 14 Dec 2009
The claimants complained of the system under which they had been placed on the sex offenders’ register indefinitely with no ability to have the registration reviewed. They said that this interfered with their right to respect for their private and family life. Held: The Secretary of State’s appeal against a declaration of incompatibility failed. The … Continue reading JF and Another, Regina (On the Application of) v Secretary of State for the Home Department: CA 23 Jul 2009
The defendants each complained that being placed on the sex offenders’ register indefinitely was a disproportionate interference with their rights for private and family life, and under European law. Held: A declaration of incompatibility was ordered to the extent that the orders made were not subject to regular review. Judges: Lord Justice Latham, Mr Justice … Continue reading F and Another, Regina (on the Application of) v Secretary of State for the Home Department: QBD 19 Dec 2008
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
ECJ Citizenship of the Union – Articles 20 TFEU and 21 TFEU – Directive 2004/38/EC – Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children – Union citizens born in a Member State other than that of which they are nationals … Continue reading Alokpa and Moudoulou v Ministre Du Travail, De L’Emploi Et De L’Immigration: ECJ 10 Oct 2013
ECJ Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union … Continue reading Iida v Stadt Ulm: ECJ 8 Nov 2012
ECJ Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely in the territory of a Member State – Family members who are nationals of non-member countries – Nationals of non-member countries who entered the host Member State before becoming spouses of Union citizens.No impediment should be placed in … Continue reading Metock And Others v Minister for Justice, Equality and Law Reform: ECJ 25 Jul 2008
AIT Article 5 of the Citizens Directive (Council Directive 2004/38/EC) does not confer an unqualified right of pre-entry, entry or residence on family members of a Union citizen exercising Treaty rights. Family members are required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. As explained … Continue reading KA (EEA: Family Permit; Admission) Sudan: IAT 25 Jun 2008
Challenge to detention of EU citizen pending deportation after completion of sentence. Proportionality. Judges: Michael Fordham QC Citations: [2018] 3 CMLR 31, [2018] EWHC 1045 (Admin), [2018] 4 All ER 141, [2018] WLR(D) 278, [2018] 1 WLR 5299 Links: Bailii, WLRD Statutes: Immigration (European Economic Area) (Amendment) Regulations 2012, Council Directive 2004/38/EC, Immigration (European Economic … Continue reading Lauzikas, Regina (on The Application of) v Secretary of State for The Home Department: Admn 4 May 2018
Citations: [2007] EWCA Civ 981 Links: Bailii Statutes: Directive 2004/38 Jurisdiction: England and Wales Immigration, European Updated: 12 July 2022; Ref: scu.259873
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
IAT Although Article 12 of Regulation EEC 1612/68 was not repealed by Directive 2004/38/EC, any rights which the family members of an EEA national may have under it after the EEA national has ceased working but remained in the United Kingdom are not unconditional but subject to demonstrating self sufficiency and the possession of comprehensive … Continue reading MJ and others (Art.12 Reg.1612/68, Self Sufficiency): IAT 21 Apr 2008
(Grand Chamber) Freedom of movement for persons – Directive 2004/38/EC – Articles 16(4) and 28(3)(a) – Union citizen born and having resided for over 30 years in the host Member State – Absences from the host Member State – Criminal convictions – Expulsion decision – Imperative grounds of public security Judges: V. Skouris, P Citations: … Continue reading Land Baden-Wurttemberg v Tsakouridis: ECJ 23 Nov 2010
ECJ Opinion – Right of Union citizens to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 16 – Continuity of residence required in order to acquire the right of permanent residence – Taking into account periods of imprisonment in the host Member State Judges: Bot AG Citations: … Continue reading Onuekwere v Secretary of State For The Home Department: ECJ 3 Oct 2013
The court referred the case to the ECJ. Judges: Waller LJ VP, Arden LJ, Moore-Bick LJ Citations: [2009] EWCA Civ 157 Links: Bailii Statutes: Directive 2004/38/EC Jurisdiction: England and Wales Cited by: Reference – Secretary of State for Work and Pensions v Lassal ECJ 11-May-2010 (European Citizenship) (Opinion) Directive 2004/38/EC Right of Union citizens to … Continue reading Secretary of State for Work and Pensions v Lassal: CA 10 Mar 2009
ECJ (European Citizenship) Directive 2004/38/EC Freedom of movement for persons – Union citizen – Criminal convictions – Expulsion decision – Imperative grounds of public security. Citations: C-145/09, [2010] EUECJ C-145/09 Links: Bailii Statutes: Directive 2004/38/EC Freedom of movement for persons Jurisdiction: European Cited by: Opinion – Land Baden-Wurttemberg v Tsakouridis ECJ 23-Nov-2010 (Grand Chamber) Freedom … Continue reading Land Baden-Wurttemberg v Tsakouridis: ECJ 8 Jun 2010
The claimants challenged the right of the respondent, purporting to us the royal prerogative, to withdraw their passports on being suspect of terrorist links. Held: The claims were dismissed. The use of the Royal Preogative was long established, and ‘we are in no doubt that it is not to be implied that Parliament intended to … Continue reading XH and AIT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jul 2016
ECJ Regulation (EEC) No 1612/68 – Directive 2004/38/EC – Right of permanent residence – Social assistance benefits – Care of a child – Period of residence completed before the State of origin acceded to the European Union Citations: C-147/11, [2012] EUECJ C-147/11 Links: Bailii Statutes: Directive 2004/38/EC, Regulation (EEC) No 1612/68 Jurisdiction: European Benefits Updated: … Continue reading Lucja Czop v Margita Punakova: ECJ 6 Sep 2012
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017
Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an entry ban – Application for residence for the purposes of family reunification with … Continue reading KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment): ECJ 8 May 2018
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU. P an … Continue reading Patel v Secretary of State for The Home Department: SC 16 Dec 2019
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC challenged the legality of the Regulations, contending that the denial of mainstream welfare and housing provision … Continue reading HC, Regina (on The Application of) v Secretary of State for Work and Pensions: SC 15 Nov 2017
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member State – Parent having sole care of two minor children, who are Union citizens – First child possessing … Continue reading Rendon Marin (Judgment : Citizenship Of The Union): ECJ 13 Sep 2016
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Right of residence in a Member State of a third-country national who is a direct descendant of a person having the right … Continue reading Reyes (Judgment Of The Court): ECJ 16 Jan 2014
The respondent an Italian national had come to the UK, and married an English wife and making a family here. After the marriage broke down he committed a manslaughter, and on his release it was decided that he should be deported. He successfully appealed, and his appeal was confirmed by the Court of Appeal. Held: … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 27 Jul 2016
Reference for preliminary ruling – Freedom of movement for persons – Directive 2004/38/EC – Article 16 – Right of permanent residence – Temporal application – Periods completed before the date of transposition Citations: [2010] EUECJ C-162/09, [2011] AACR 33, [2011] 1 CMLR 31, [2011] All ER (EC) 1169, [2011] Imm AR 134, ECLI:EU:C:2010:592 Links: Bailii … Continue reading Secretary of State for Work and Pensions v Lassal: ECJ 7 Oct 2010
Grand Chamber – Freedom of movement for persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on national law – Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned Judges: V Skouris, P Citations: C-425/10, … Continue reading Ziolkowski and Others v Land Berlin: ECJ 21 Dec 2011
V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the Appellant’s appeal from the overturning of the deportation. The Supreme Court … Continue reading Secretary of State for The Home Department v Vomero (Italy): SC 24 Jul 2019
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 28(3)(a) – Protection against expulsion – Method for calculating the 10-year period – Whether periods of imprisonment are to be taken into account Judges: R. Silva de Lapuerta (Rapporteur), P Citations: C-400/12, [2014] EUECJ C-400/12, [2014] 2 CMLR 40, [2014] Imm AR 561, ECLI:EU:C:2014:9, … Continue reading Secretary of State For The Home Department v MG (Judgment of The Court): ECJ 16 Jan 2014
ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration of periods of imprisonment of those nationalsHeld: Periods of imprisonment could not be taken into account for the purpose of calculating … Continue reading Onuekwere v Secretary of State For The Home Department: ECJ 16 Jan 2014
(European Citizenship) (Opinion) Directive 2004/38/EC Right of Union citizens to reside in the territory of the Member States Article 16(1) Right of permanent residence – Residence for a continuous period of five years Taking into account periods of time before expiry of the transposition period Retroactive effect Application of the conditions of a legal provision … Continue reading Secretary of State for Work and Pensions v Lassal: ECJ 11 May 2010
ECJ Citizenship of The European Union – Right To Move and Reside Freely – Enhanced Protection v Expulsion – Judgment – References for a preliminary ruling – Citizenship of the European Union – Right to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 28(3)(a) – Enhanced protection … Continue reading B v Land Baden-Wurttemberg: ECJ 17 Apr 2018
Citizenship of The Union – UK – Return of A Union Citizen To The Member State – Opinion – Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Return of a Union citizen to the Member State of which that citizen is a national after having exercised free movement … Continue reading Secretary of State for the Home Department v Banger: ECJ 10 Apr 2018
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
ECJ Order – REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesverwaltungsgericht (Germany), made by decision of 13 July 2010, received at the Court on 31 August 2010, in the proceedings. Judges: First Advocate General Mengozzi Citations: [2010] EUECJ C-424/10, C-425/10 Links: Bailii Jurisdiction: European Cited by: Order – Ziolkowski and Others … Continue reading Ziolkowski and Others v Land Berlin: ECJ 6 Oct 2010
(Opinion) Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Chapter 2 of Annex XII to the 2003 Act concerning the conditions of accession – Possibility of derogation by the United Kingdom from Article 7(2) of Regulation (EU) No 492/2011 and from Article 7(3) of Directive 2004/38/EC – … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 28 Feb 2018
Appeal by the Secretary of State for Work against a decision that the respondent is entitled to state pension credit. The issues in this appeal concern the construction of the Directive governing the rights of Union citizens and the validity of certain domestic regulations applying to Latvian nationals working in the UK. Held: The appeal … Continue reading The Secretary of State for Work and Pensions v Gubeladze: CA 7 Nov 2017
ECJ Opinion – Free movement of persons – Directive 2004/38/EC – Right of permanent residence – Article 16 – Legal residence – Residence based on Article 12 of Regulation (EEC) No 1612/68 Judges: Bot AG Citations: C-529/11, [2013] EUECJ C-529/11 Links: Bailii Statutes: Directive 2004/38/EC 16, Regulation (EEC) No 1612/68 12 Jurisdiction: European Cited by: … Continue reading Olaitan Ajoke Alarape v Secretary Of State For The Home Department: ECJ 15 Jan 2013
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
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
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – 2003 Act of Accession – Chapter 2 of Annex XII – Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC – Polish national who has not completed a … Continue reading Prefeta v Secretary of State for Work and Pensions: ECJ 13 Sep 2018
(Citizenship of The Union – Rights of Citizens of The Union To Move and Reside Freely – Opinion) Reference for a preliminary ruling – Rights of citizens of the Union to move and reside freely within the territory of a Member State – Application for a residence card as a family member – Directive 2004/38/EC … Continue reading Diallo v Etat belge: ECJ 7 Mar 2018
Judgment – Freedom of movement for persons – Union Citizenship – Directive 2004/38/EC – Right of residence for more than three months – Article 7(1)(b) – Person no longer having worker status – Person in possession of a retirement pension – Having sufficient resources not to become a burden on the ‘social assistance system’ of … Continue reading Brey v Pensionsversicherungsanstalt: ECJ 19 Sep 2013
Reference for a preliminary ruling – Article 45 TFEU – Directive 2004/38/EC – Article 7 – ‘Worker’ – Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth Judges: A Tizzano (Rapporteur), P Citations: ECLI:EU:C:2014:2007, [2015] 1 CMLR 5, [2014] Imm AR 1076, … Continue reading Saint Prix v Secretary of State for Work and Pensions: ECJ 19 Jun 2014
(1) The Immigration (European Economic Area) Regulations 2016 (‘the EEA Regulations’) were revoked in their entirety on 31 December 2020 by paragraph 2(2) of Schedule 1(1) to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020. (2) Many of the provisions of the EEA Regulations are preserved (although subject to amendment) for the purpose … Continue reading Geci (Eea Regs: Transitional Provisions, Appeal Rights) Albania: UTIAC 29 Sep 2021
(1) An ‘extended family member’ (‘EFM’) of an EEA national exercising Treaty rights in the UK (such as a person in a durable relationship) has no right to reside in the UK under the Immigration (EEA) Regulations until he or she is issued with the relevant residence documentation under reg 17(4) of the 2006 Regulations … Continue reading Kunwar (EFM – Calculating Periods of Residence): UTIAC 28 Dec 2018
1. In order to acquire a right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 and the Citizens Directive 2004/38/EC a person had to show five years lawful residence within the meaning of EU law. 2. On the present state of the authorities, a period in prison does not … Continue reading Jarusevicius (EAA Reg 21 – Effect of Imprisonment) Lithuania: UTIAC 17 Apr 2012
UTIAC (i) The rationale of the decision in R v Immigration Appeal Tribunal and Surinder Singh ex parte Secretary of State for the Home Department [1992] ECR I-4265 is formed by two principles, namely the principle of the efficacious enjoyment of Treaty rights and the principle of non-discrimination. (ii) These are the two principles to … Continue reading Osoro (Surinder Singh): UTIAC 22 Oct 2015
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
Opinion – Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38 / EC – Articles 5, 10 and 20 – Right of entry into the territory of a Member State of a national of a third State, member of the family of a citizen of the Union – Visa exemption – … Continue reading Ryanair Designated Activity Company v Orszagos Rendor-fokapitanysag: ECJ 27 Feb 2020
Pension Rights For Migrant EU Citizens Freedom of Movement for Persons – Citizenship of The Union – Judgment – Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Right to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 17(1)(a) … Continue reading Pensionsversicherungsanstalt (Cessation D’Activite Apres L’Age Du Depart A La Retraite): ECJ 22 Jan 2020
ECJ (Judgment) Reference for a preliminary ruling – Directive 2004/38/EC – Decision withdrawing residence authorisation – Principle of respect for the rights of the defence – Right to be heard – Procedural autonomy of the Member States – Admissibility of grounds of appeal on a point of law – Plea based on public policy C-161/15, … Continue reading Bensada Benallal: ECJ 17 Mar 2016
‘The Claimant applies for judicial review of the Defendant’s failure to issue him with an EEA residence card, pursuant to the Immigration (European Economic Area) Regulations 2006 (‘the EEA Regulations 2006’) and Directive 2004/38/EC (‘the Directive’), and the Defendant’s decision to detain him between January and June 2012, with a view to removing him from … Continue reading Santos, Regina (on The Application of) v Secretary of State for The Home Department: Admn 23 Mar 2016
Challenge to change from Employer Supported Childcare scheme to Tax Free Childcare, and in particular that it would be administered by ational Savings and Investments, saying that as an outside body, that decision should have been dealt with under the 2006 Regulations. Held: The suspension of implementation shold stay: ‘where there is a serious argument, … Continue reading Edenred (UK Group) Ltd, Regina (on The Application of) v HM Treasury and Others: QBD 27 Oct 2014
(Opinion) Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Article 2(2)(a) – Concept of ‘spouse’ – Right of citizens of the Union to move and reside within the territory of the Union – Marriage between persons of the same sex – Marriage not recognised by the host State – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 11 Jan 2018
The Court was asked two questions, first as to its jurisdiction according to the meaning of an ‘EEA Decision’ within the 2006 Regulations, and second as to the position under the Directive of a child who is a third country national but has been placed in the legal guardianship of European Union citizens under the … Continue reading SM (Algeria) v Entry Clearance Officer, UK Visa Section: SC 14 Feb 2018
The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to … Continue reading Banger (Unmarried Partner of British National : South Africa): UTIAC 30 Mar 2017
ECJ Judgment – Reference for a preliminary ruling – Directive 2004/38/EC – Article 13(2)(a) – Right of residence of family members of a Union citizen – Marriage between a Union citizen and a third-country national – Retention of the right of residence of a third-country national after the departure of the Union citizen from the … Continue reading Singh And Others v Minister for Justice and Equality: ECJ 16 Jul 2015
ECJ Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 3(2) – Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizenAdvocate General Bot … Continue reading Secretary of State for The Home Department v Islam and Another: ECJ 5 Sep 2012
Challenge to the decision by HM Treasury to use National Savings and Investments to deliver the Government policy of Tax-free Childcare. The claimants said that the 2006 Regulations imposed an obligation to put such contracts out to tender. Held: There had been an original tendering process and the new actions of the respondent could be … Continue reading Edenred (UK Group) Ltd and Another v HM Treasury and Others: SC 1 Jul 2015
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Directive 2004/38/EC – Article 3 – Beneficiaries – Family members of the Union citizen – Article 2(2)(a) – Definition of ‘spouse’ – Marriage … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 5 Jun 2018
Citizenship of the Union – Fundamental rights – Freedom of establishment – Principles, objectives and tasks of the Treaties : Application C-673/16, [2017] EUECJ C-673/16 Bailii European Cited by: Request – Coman and Others v Inspectoratul General Pentru Imigrari and Others ECJ 11-Jan-2018 (Opinion) Reference for a preliminary ruling – Citizenship of the Union – … Continue reading Coman and Others v Inspectoratul General Pentru Imigrari and Others: ECJ 17 Mar 2017
The claimant appealed against refusal of its challenge to the manner of implementation by the respondent of a government policy for Tax-Free Child Care. Etherton Ch, Underhill, King LJJ [2015] EWCA Civ 326 Bailii Public Services Regulations 2006, Directive EU No 2004/38 England and Wales Citing: At first instance (1) – Edenred (UK Group) Ltd, … Continue reading Edenred (UK Group) Ltd v HM Treasury and Others: CA 31 Mar 2015
