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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

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

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

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

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

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