4. Free Movement Of Persons Flashcards
Hoekstra
‘Worker’ is to be determined not by national law but by the EU
Walrave & Koch v Association Union Cycliste Internationale
Sport subject to Art 45, provided it is an economic activity having the character of gainful employment
Lawrie-Blum v Land Baden-Wurttenberg
‘Employment relationship’ is when a person
- Performs a service
- For and under the direction of another person
- In return for remuneration
Here includes trainee teacher
Levin v Staatssecreteris van Justitie
Economic activity includes chambermaid working 20 hours a week and earning less than subsistence
Kempf v Staatssecreteris van Justitie
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
Bettray v Staatssecreteris van Justitie
Economic activity doesn’t include drug addict employed under legislative scheme for purpose of his rehabilitation
Procureur du Roi v Royer
Right to enter and reside in the MS in order to look for work
R v Immigration Appeal Tribunal, ex parte Antonissen
Rights to enter and reside in MS in order to look for work subject to temporal limitation of six months
Diatta v Land Berlin
Separation - Rights of spouse unaffected so long as not divorced
Commission v France (French Merchant Seamen)
Ratio of 3-1 foreign national on ships of merchant fleet imposed by ministerial order
Deemed direct discrimination by Court of Justice
Ugliola
Employer’s refusal to take into account military service in determining seniority breeches Art 45
Groener v Ministry for Education
Irish Garlic requirement for teachers justified according to Art 3(1) of Regulation 492/2011
Kraus v Land Baden-Württemberg
Requirement to obtain authorisation before using foreign academic title justified by need to prevent misleading use of academic titles
Gül v Regierungspräsident Düsseldorf
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
Cristini v SNCF
‘Social advantage’ afforded to worker under Art 7(2) of Regulation 492/2011 interpreted broadly, and applies also to family members
Martinez Sala v Freistat Bayern
Denial of child raising allowance to EU citizen held to be discrimination in violation of Art 18
D’Hoop v Office National de l’Emploi
Denial of social advantage by MS to citizen of that MS on grounds has resided in another MS held to breach Art 18
Blaizot v University of Liège
University education held to satisfy the definition of vocational training (right to which is guaranteed under Art 7(3) of Regulation 492/2011)
Lair v Universität Hannover
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
Casagrande v Landeshauptstadt München
Held unlawful for German authorities to deny educational grant for school-age children to daughter of Italian national working in Germany
Echternach and Moritz v Minister van Onderwijs en Wetenschappen
Right to educational assistance even when working parents have left
VanDuyn v Home Office
UK’s denial of entry to Van Duyn because Scientologist is held to be valid, since can be seen as part of personal conduct
Adoui and Cornuaille
Belgium’s attempt to deport two French prostitutes held to be unlawful, since prostitution is not illegal in Belgium
Bonsignore v Oberstadtdirektor der Stadt Köln
Italian worker in Germany deported after firearms conviction
Held unlawful since purpose to deter foreign national from committing firearms offences
Rutili v minister for the interior
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
Commission v Belgium (Public Employees)
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
Collins
A jobseeker will not be considered a worker for the purpose of Art 7(2) of Regulation 492/2011
Commission v France (French nurses)
A nurse will not be considered to be in public service for the purpose of Art 45(4) TFEU
Brown
No right to maintenance and training grants under Art 7(2) of Regulation 492/2011 where previous employment is ancillary to studies
Bosman
Not allowing footballer to move football club not directly or indirectly discriminatory but still a breach as it impacted freedom of movement
Reina
Childbirth loans are social advantage
Hoeckx
Minimum income allowance for unemployed worker is a social advantage
O’Flynn
Funeral expenses are a social advantage
Bidar
Not economically active but can still rely on Art 18 as a lawful resident in UK and therefore entitled to receive education grant
Bouchereau
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
Sotgui
‘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
Gravier
EU law afford nonworkers protection against discrimination in access to education on basis of nationality under Art 18
Grzelczyk v Centre Public d’Aide Sociale
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
Inzirillo v Caisse d’Allocations Familiales
Family members can enjoy social advantages which they alone qualify for
