FREE MOVEMENT OF PERSONS

Question 1

HOEKSTRA

Answer 1

Said term worker is an EU concept. “Frustrated if the meaning of such a term could be unilaterally fixed and modified by national law.”

Question 2

LAWRIE BLUM

Answer 2

Defined worker: 1) performs services for or under the direction of another 2) in return for remuneration 3) for a certain period of time.

Question 3

LEVIN

Answer 3

CofJ notes fundamental roles of four freedoms and the need for broad interpretation for full effect. Reference to part time workers.

Question 4

KEMPF

Answer 4

FACTS: Piano teacher working 12 hours a week. Income supplemented by social security. Worker
POL: Provided work is “effective and genuine” even if pay is supplemented by social security or private means.

Question 5

BETTRAY

Answer 5

Work in drug rehabilitation programme. Not voluntary, enforced as part of a compulsory programme so not a worker. Not effective and genuine economic activity.

Question 6

JANY

Answer 6

FACTS: Window prostitutes in Amsterdam. Prostitution technically fulfils the requirements for establishment set in the case. However, after considering the broad definition need to look at any possible restrictions such as illegality.
ESTABLISHMENT REQUIRES: a) provision of services which must be genuine and effective b) outside an employment relationship c) own responsibility d) remuneration directly or in full.

Question 7

COWAN

Answer 7

FACTS: UK tourist in Paris. Unlawful discrimination regarding receipt of criminal injuries compensation.
POL: Freedom of service applies to those who travel to another Member state to receive services. Includes freedom to receive in another MS on a non discriminatory basis.

Question 8

COMAN

Answer 8

Spouse includes same sex.

Question 9

BOSMAN

Answer 9

FACTS: Horizontal direct effect of treaty provisions (applies to private entities). Historical restriction in football as to the number of moves which acted as private restriction on freedom. B wanted to move from French to Belgian club. Under Belgian football club had to pay transfer even if the player was at the end of their contract.
POL: Indirect obstacle to free movement contrary to EU law UNLESS they pursue a legitimate aim and are justified by pressing reasons of public interest and are proportionate to these goals.
SHOWS HORIZONTAL DIRECT EFFECT. EXAMPLE OF OVERT DISCRIMINATION (Explicitly nationality etc.) Overt can be justified by objective factor.

Question 10

SCHONING-KOUGEBETOPOULOUS

Answer 10

FACTS: SK greek doctor working in German health service. Collective agreement provided for increased salary if 8 years on lower scale. Service under other agreement not considered (e.g. other MS /abroad. Benefits more German nationals by default). SK worked 6 years in same job in Greece. Argued covert. Rejected loyalty argument because it included multiple different employers. OVERT DISCRIMINATION.

Question 11

MORSON AND JHANJAN

Answer 11

FACTS: Dutch nationals. Not allowed to bring parents of Surinamese nationality to netherlands.
POL: Wholly internal situation so article 45 does not apply.

Question 12

EVEN

Answer 12

FORMULA FOR NON-DISCRIMINATION- “ENJOY SAME SOCIAL AND TAX ADVANTAGES AS NATIONAL WORKERS.” (ART 7(2))

“Advantages, which, whether or not linked to contract of employment, are granted to national workers because of their objective status as workers or their residence in that state and extension of which to workers from other MS would facilitate their mobility in the EU.” - 1) worker, 2)entitled to social advantages given to nationals, 3) remove of barriers which makes movement less attractive.

Question 13

CRISTINI

Answer 13

Concessions on rail travel as a social advantage. Workers and family members entitled.

Question 14

REED

Answer 14

Rights of cohabitation as social advantage

Question 15

DEAK

Answer 15

Social security benefits not in Reg 1408/71 as social advantage

Question 16

REINA

Answer 16

Child birth loans as social advantage

Question 17

MATEUCCI

Answer 17

Educational grants as social advantage

Question 18

IOANNIDIS

Answer 18

“Workers who are looking for work unless the benefit concerns access to the labour market” not entitled to social or tax benefits.

Question 19

BROWN

Answer 19

“Workers who are students seeking educational grants after engaging in work that was purely in order to prepare for studies” not entitled to social or tax benefits.

Question 20

GREZELCZYK

Answer 20

RIGHT TO REMAIN- “union citizenship is destined to be the fundamental status of nationals of the MS.” ART 21 BROAD AND DIRECT EFFECT.

Question 21

ZHU AND CHEN

Answer 21

FACTS: Chinese- daughter born ireland- moves back- entitled to remain for daughter to exercise.

Question 22

RUIZ ZAMBRANO

Answer 22

Wholly internal to Belgium so right to remain down to them.

Question 23

GEBHARD

Answer 23

COMPLIANCE WITH LOCAL RULES BY SELF EMPLOYED
POL: If no EU rules, may subject establishment to national non-discriminatory rules but such rules must fulfil 4 conditions for compatibility: a) non discrimination b) public interest c) justifiable aim/objective d) not go beyond necessary (proportionate)

Question 24

COMMISSION V BELGIUM

Answer 24

PUBLIC SERVICE INTERPRETATION- “Posts which involve direct or indirect participation in the exercise of power conferred by public law and duties designed to safeguard the general interests of the State or other public authority.”

Question 25

BOUCHEREAU

Answer 25

PUBLIC POLICY RESTRICTION- “Genuine, present and sufficiently serious threat to the requirements of public policy affecting one of the fundamental freedoms of society.”

Question 26

ADOUL AND COR NUAILLE

Answer 26

Some activity by nationals may be subject to repressive measures.