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 independent community rights.’ The Austrian employer would not be able to exercise its Art 49 rights without having the advantage of Dr Loutchansky’s entry into, and service within, the UK. Any prohibition on Dr Loutchansky’s entry and service had therefore to be justified, and such justification assessed in accordance with community law procedures.
Judges:
Moses J
Citations:
[2005] 3 CMLR 15
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Low and Others, Regina (on the Application of) v Secretary of State for the Home Department Admn 21-Jan-2009
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 . .
Lists of cited by and citing cases may be incomplete.
Immigration, European
Updated: 15 May 2022; Ref: scu.280082
