4. Free Movement Of Persons

Question 0

Hoekstra

Answer 0

‘Worker’ is to be determined not by national law but by the EU

Question 1

Walrave & Koch v Association Union Cycliste Internationale

Answer 1

Sport subject to Art 45, provided it is an economic activity having the character of gainful employment

Question 2

Lawrie-Blum v Land Baden-Wurttenberg

Answer 2

‘Employment relationship’ is when a person

1. Performs a service
2. For and under the direction of another person
3. In return for remuneration

Here includes trainee teacher

Question 3

Levin v Staatssecreteris van Justitie

Answer 3

Economic activity includes chambermaid working 20 hours a week and earning less than subsistence

Question 4

Kempf v Staatssecreteris van Justitie

Answer 4

Economic activity includes situation where worker earning less than subsistence wage and supports himself with Social Security benefits

It wouldn’t include activity on such a small scale as to be regarded as marginal and ancillary

Question 5

Bettray v Staatssecreteris van Justitie

Answer 5

Economic activity doesn’t include drug addict employed under legislative scheme for purpose of his rehabilitation

Question 6

Procureur du Roi v Royer

Answer 6

Right to enter and reside in the MS in order to look for work

Question 7

R v Immigration Appeal Tribunal, ex parte Antonissen

Answer 7

Rights to enter and reside in MS in order to look for work subject to temporal limitation of six months

Question 8

Diatta v Land Berlin

Answer 8

Separation - Rights of spouse unaffected so long as not divorced

Question 9

Commission v France (French Merchant Seamen)

Answer 9

Ratio of 3-1 foreign national on ships of merchant fleet imposed by ministerial order
Deemed direct discrimination by Court of Justice

Question 10

Ugliola

Answer 10

Employer’s refusal to take into account military service in determining seniority breeches Art 45

Question 11

Groener v Ministry for Education

Answer 11

Irish Garlic requirement for teachers justified according to Art 3(1) of Regulation 492/2011

Question 12

Kraus v Land Baden-Württemberg

Answer 12

Requirement to obtain authorisation before using foreign academic title justified by need to prevent misleading use of academic titles

Question 13

Gül v Regierungspräsident Düsseldorf

Answer 13

Turkish Cypriot Dr living in Germany with British wife refused renewal of temporary authorisation to practise medicine
Held to be infringement of his rights as spouse of EU worker

Question 14

Cristini v SNCF

Answer 14

‘Social advantage’ afforded to worker under Art 7(2) of Regulation 492/2011 interpreted broadly, and applies also to family members

Question 15

Martinez Sala v Freistat Bayern

Answer 15

Denial of child raising allowance to EU citizen held to be discrimination in violation of Art 18

Question 16

D’Hoop v Office National de l’Emploi

Answer 16

Denial of social advantage by MS to citizen of that MS on grounds has resided in another MS held to breach Art 18

Question 17

Blaizot v University of Liège

Answer 17

University education held to satisfy the definition of vocational training (right to which is guaranteed under Art 7(3) of Regulation 492/2011)

Question 18

Lair v Universität Hannover

Answer 18

Maintenance and training grants are social advantages within Art 7(2) of Regulation 492/2011, so dependent upon having status of worker

But work for this purpose includes those no longer in employment where there is link between previous employment and later studies

Question 19

Casagrande v Landeshauptstadt München

Answer 19

Held unlawful for German authorities to deny educational grant for school-age children to daughter of Italian national working in Germany

Question 20

Echternach and Moritz v Minister van Onderwijs en Wetenschappen

Answer 20

Right to educational assistance even when working parents have left

Question 21

VanDuyn v Home Office

Answer 21

UK’s denial of entry to Van Duyn because Scientologist is held to be valid, since can be seen as part of personal conduct

Question 22

Adoui and Cornuaille

Answer 22

Belgium’s attempt to deport two French prostitutes held to be unlawful, since prostitution is not illegal in Belgium

Question 23

Bonsignore v Oberstadtdirektor der Stadt Köln

Answer 23

Italian worker in Germany deported after firearms conviction

Held unlawful since purpose to deter foreign national from committing firearms offences

Question 24

Rutili v minister for the interior

Answer 24

Italian involved in trade unions prohibited from residing in Lorraine
Held that prohibition on residence justified on grounds of public policy must apply to whole territory - can’t restrict migrants to certain parts of MS once let in

Question 25

Commission v Belgium (Public Employees)

Answer 25

Public service exemption under Art 45(4) applies only to posts which concern the safeguard of the general interest of the state or other public authorities

Question 26

Collins

Answer 26

A jobseeker will not be considered a worker for the purpose of Art 7(2) of Regulation 492/2011

Question 27

Commission v France (French nurses)

Answer 27

A nurse will not be considered to be in public service for the purpose of Art 45(4) TFEU

Question 28

Brown

Answer 28

No right to maintenance and training grants under Art 7(2) of Regulation 492/2011 where previous employment is ancillary to studies

Question 29

Bosman

Answer 29

Not allowing footballer to move football club not directly or indirectly discriminatory but still a breach as it impacted freedom of movement

Question 30

Reina

Answer 30

Childbirth loans are social advantage

Question 31

Hoeckx

Answer 31

Minimum income allowance for unemployed worker is a social advantage

Question 32

O’Flynn

Answer 32

Funeral expenses are a social advantage

Question 33

Bidar

Answer 33

Not economically active but can still rely on Art 18 as a lawful resident in UK and therefore entitled to receive education grant

Question 34

Bouchereau

Answer 34

To invoke public policy derogation personal conduct of individual must represent present and sufficiently serious threat affecting fundamental interest of society
Serious crimes maybe enough in themselves to warrant deportation

Question 35

Sotgui

Answer 35

‘Public service’ has narrow EC meaning, not left to MS to decide - once individual is admitted discrimination on grounds of nationality with regards to conditions of employment will infringe free movement principles

Question 36

Gravier

Answer 36

EU law afford nonworkers protection against discrimination in access to education on basis of nationality under Art 18

Question 37

Grzelczyk v Centre Public d’Aide Sociale

Answer 37

Landmark case giving great importance to the principle of Union citizenship

French national studying in Belgium - application for subsistence allowance rejected - held to be discrimination, contrary to Art 18

Question 38

Inzirillo v Caisse d’Allocations Familiales

Answer 38

Family members can enjoy social advantages which they alone qualify for