The appellants were economically inactive EEA nationals who were lawfully present in the UK and who appealed against refusal of their claims for social security benefits under Articles 12 18.
Held: The appeal failed. For Art 12, the benefits including income support were ‘not within the scope of application of the Treaty’. As to Art 18, Lloyd LJ analysed the jurisprudence of the Court of Justice before concluding: ‘It seems to me, on the basis of those decisions, in particular that of Trojani’s case . . that Article 18 EC does not create a right of residence for an EU citizen in another Member State, in a case in which the limitations imposed under Council Directive 90/364/EEC are not satisfied, and that those limitations are proportionate to the legitimate objective in protecting the public finances of the host Member State.’
Judges:
Sir Andrew Morritt Ch, Lloyd LJ, Moses LJ
Citations:
[2007] EWCA Civ 657, [2008] 1 WLR 254, [2007] 4 All ER 882
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Kaczmarek v Secretary of State for Work and Pensions CA 27-Nov-2008
The claimant entered the UK as a student coming from Poland. She then worked as a kitchen maid, but having left that job on becoming a mother was refused income support. She later returned to work. She said that the rules which denied her benefit . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Benefits, European
Updated: 11 July 2022; Ref: scu.254459