In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees.
Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party nationals are not resident in Ireland. The UK, in any event, would be justified under EC law in taking proportionate measures to ensure that third party nationals are legally employed and lawfully resident in the member state of establishment. As the third country nationals are not lawfully resident in the Republic of Ireland, the defendant’s decisions not to regularise their status and to detain and remove them were proportionate and were not in breach of EC law.’
Judges:
Pearl David J
Citations:
[2009] EWHC 35 (Admin), [2009] 2 CMLR 22
Links:
Statutes:
EC Treaty 49, Directive 96/71/EC: Posted Workers Directive
Jurisdiction:
England and Wales
Citing:
Cited – Commission v Germany (Freedom To Provide Services) ECJ 19-Jan-2006
Europa Failure of a Member State to fulfil obligations -? Article 49 EC -? Freedom to provide services -? Undertaking employing workers who are nationals of non-?member States -? Undertaking providing services in . .
Cited – Regina (Vetterlein) v Hampshire County Council Admn 2001
The claimants challenged a planning permission granted to a waste disposal site, saying that it violated their article 8 rights.
Held: The court asked whether there was reasonable and convincing evidence that the claimants quality of life . .
Cited – Raymond Vander Elst v Office des Migrations Internationales ECJ 1994
A Belgian service provider brought its Moroccan workers to France in order to carry out a demolition contract. The workers had been ‘lawfully and habitually employed’ in Belgium and they intended to return to Belgium after completion of the project. . .
Cited – Rush Portuguesa Ld v Office National d’immigration ECJ 27-Mar-1990
ECJ Articles 59 and 60 of the EEC Treaty and Articles 215 and 216 of the Act of Accession of Portugal must be interpreted as meaning that an undertaking established in Portugal providing services in the . .
Cited – Commission v Luxembourg C-445/03 ECJ 21-Oct-2004
ECJ Failure of a State to fulfil obligations – Freedom to provide services – Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of . .
Cited – Commission v Austria (Freedom To Provide Services) ECJ 21-Sep-2006
Europa Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Undertaking employing workers who are not nationals of a Member State- Undertaking providing services in . .
Cited – Carpenter v Secretary of State for the Home Department ECJ 11-Jul-2002
The applicant had come to England on a six month visitor’s visa. She then married an English national, but her visa was not extended.
Held: The husband had business interests and activities throughout the community. The deportation of the . .
Cited – Regina (on the application of Loutchansky and Others) v The First Secretary of State 2005
The court considered the right of a worker claiming a community right to work here: ‘the underlying principle is that, in order to render a community right effective, it may be necessary to recognise a derivative right in a non-national who has no . .
Lists of cited by and citing cases may be incomplete.
Immigration, Judicial Review, European
Updated: 14 November 2022; Ref: scu.280071