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Sylvie Lair v Universitat Hannover: ECJ 21 Jun 1988

European law draws a distinction between member state nationals who have not yet entered into an employment relationship in the host member state where they are looking for work and those who are already working in that state or who, having worked there but no longer being in an employment relationship, are nevertheless considered to … Continue reading Sylvie Lair v Universitat Hannover: ECJ 21 Jun 1988

Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

ECJ Freedom of movement for workers – Article 48 of the EC Treaty (now, after amendment, Article 39 EC) – Concept of worker – Contract of employment of a short term fixed in advance – Retention of the status of worker after end of employment contract – Conditions for the grant of social advantages within … Continue reading Ninni-Orasche v Bundesminister fur Wissenschaft, Verkehr und Kunst: ECJ 6 Nov 2003

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 At the time the leave was withdrawn the children were settled in schools, and were granted indefinite leave.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

Hoever and Zachow v Land Nordrhein-Westfalen: ECJ 10 Oct 1996

ECJ Social security – Family benefits – Article 73 of Regulation (EEC) No 1408/71 – Article 4(1) of Directive 79/7/EEC – Article 7(2) of Regulation (EEC) No 1612/68. Citations: C-245/94, [1996] EUECJ C-245/94 Links: Bailii Statutes: Directive 79/7/EEC 4(1), Regulation (EEC) No 1612/68 7(2), Regulation (EEC) No 1408/71 73 European, Benefits Updated: 03 June 2022; … Continue reading Hoever and Zachow v Land Nordrhein-Westfalen: ECJ 10 Oct 1996

Zalewska v Department for Social Development: HL 12 Nov 2008

(Northern Ireland) The claimant challenged the rules restricting payment of benefits to nationals from the 8 latest European Accession states to those with an unbroken 12 month working record. The applicant came from Poland and worked at two authorised employments but failed to find a third. She had left her partner because of his violence. … Continue reading Zalewska v Department for Social Development: HL 12 Nov 2008

Alarape and Another v Secretary of State for the Home Department: UTIAC 10 Oct 2011

UTIAC 1. The term ‘child’ in Article 12 of Regulation (EEC) No.1612/68 [see now Article 10 Regulation (EU) No. 492/2011] (which guarantees a right of access to education) should be read to include ‘stepchild’.2. An order for preliminary reference to the Court of Justice of the European Union is made in this case in relation … Continue reading Alarape and Another v Secretary of State for the Home Department: UTIAC 10 Oct 2011

LN v Styrelsen For Videregaende Uddannelser Og Uddannelsesstotte: ECJ 21 Feb 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

Erny v Daimler AG: ECJ 28 Jun 2012

ECJ Freedom of movement for workers – Article 45 TFEU – Regulation (EEC) No 1612/68 – Article 7(4) – Principle of non-discrimination – Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement – Cross-border workers subject to income tax in the Member State of residence – Notional … Continue reading Erny v Daimler AG: ECJ 28 Jun 2012

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 – 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

London Borough of Harrow v Ibrahim 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

Secretary Of State for Work and Pensions v Dias: CA 31 Jul 2009

The court considered the application for income support by the claimant, a Portuguese national, which involved reconciliation of two objectives: ‘One is to promote freedom of movement within the EU. The other is to preserve the principle that migration should not unreasonably burden the social security system of the destination country.’The status of ‘worker’ within … Continue reading Secretary Of State for Work and Pensions v Dias: CA 31 Jul 2009

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

Hendrix (Social Policy): ECJ 11 Sep 2007

ECJ Social security for migrant workers Articles 12 EC, 17 EC, 18 EC and 39 EC Regulation (EEC) No 1408/71 Article 4(2a), Article 10a and Annex IIa Regulation (EEC) No 1612/68 Article 7(1) Non contributory benefits Netherlands benefit for disabled young people Non-exportability. Citations: C-287/05, [2007] EUECJ C-287/05 Links: Bailii Jurisdiction: European European Updated: 11 … Continue reading Hendrix (Social Policy): ECJ 11 Sep 2007

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

Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

ECJ Failure of a Member State to fulfil obligations – Articles 8a and 48 of the EC Treaty (now, after amendment, Articles 18 EC and 39 EC) – Directives 64/221/EEC, 73/148/EEC and 90/364/EEC – Regulation (EEC) No 1612/68 – Freedom of movement for nationals of Member States – Public policy – Right to respect for … Continue reading Commission v Germany (Free Movement Of Persons): ECJ 27 Apr 2006

Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

ECJ Judgment – Article 41 of the EEC-Morocco Cooperation Agreement – Article 3 of Regulation (EEC) No 1408/71 – Social security – Article 7 of Regulation (EEC) No 1612/68 – Articles 48 and 52 of the EC Treaty (now, after amendment, Articles 39 EC and 43 EC) – Freedom of movement for persons – Non-discrimination … Continue reading Fahmi and Esmoris Cerdeiro-Pinedo Amado v Bestuur van de Sociale Verzekeringsbank: ECJ 20 Mar 2001

Lucja Czop v Margita Punakova: ECJ 6 Sep 2012

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

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

Olaitan Ajoke Alarape v Secretary Of State For The Home Department: ECJ 15 Jan 2013

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

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

Elodie Giersch v Etat Du Grand-Duche De Luxembourg: ECJ 20 Jun 2013

ECJ Freedom of movement for persons – Equal treatment – Social advantages – Regulation (EEC) No 1612/68 – Article 7(2) – Financial aid for higher education studies – Condition of residence in the Member State granting the assistance – Refusal to grant the aid to students, who are European Union citizens not residing in the … Continue reading Elodie Giersch v Etat Du Grand-Duche De Luxembourg: ECJ 20 Jun 2013

Office National D’Allocations Familiales Pour Travailleurs Salaries (ONAFTS) v Radia Hadj Ahmed: ECJ 13 Jun 2013

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

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