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, persons covered by Regulation (EEC) No 1612/68 and stateless persons and refugees – Foreign student who has met his own living expenses during the first years of his studies.
One member state could not apply conditions for the grant of benefits to students to citizens of other member states which it did not apply to its own nationals. A citizen of the European Union, lawfully resident in the territory of a host member state, could rely on article 6 of the Treaty in all situations which fell within the scope ratione materiae of Community law, including the exercise of the right conferred by article 8a to move and reside freely in another member state. This applied even though otherwise benefits for students had been ruled to be outside the scope of this regulation.
Judges:
GC Rodriguez Iglesias, President and Judges C. Gulmann, M. Wathelet, V. Skouris, D. A. O. Edward, P. Jann, L. Sevon, R. Schintgen and F. Macken Advocate General S. Alber
Citations:
Times 16-Nov-2001, [2001] EUECJ C-184/99, C-184/99, [2003] All ER (EC) 385, [2001] ECR I-6193
Links:
Jurisdiction:
European
Citing:
Cited – Brown v Secretary Of State For Scotland (Rec 1988,P 3205) (Sv88-489 Fi88-489) (Judgment) ECJ 21-Jun-1988
. .
Cited by:
Cited – Ali v Secretary of State for the Home Department CA 3-May-2006
The applicants sought asylum. Their child had a right of residence as a European citizen.
Held: The applicants could not rely upon their child’s right of residence to establish one for themselves. . .
Cited – Collins v Secretary of State for Work and Pensions CA 4-Apr-2006
The claimant had dual Irish and US nationality. He therefore also was a citizen of the EU. He complained that the British rules against payment of job seekers’ allowance were discriminatory. The matter had already been to the ECJ.
Held: The . .
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 – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Cited – Patel v Secretary of State for The Home Department SC 16-Dec-2019
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 . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 May 2022; Ref: scu.166205