Free Movement of Workers Cases Flashcards
Hoekstra
- ECJ defines workers, not MS
- will do so broadly
Lawrie-Blum
worker = -performs services - for and under direction of another - for remuneration trainee teacher is a worker
Levin
- not a worker if conducting activities on such a small scale as to be marginal/ancillary
- part time employment can be a worker if not nominal or minimal
Kempf
music teacher was pursuing genuine and effective economic activity
- could not be excluded even though income generated was insufficient to meet his needs
Walgrave & Koch
- pacer in cycling race is a worker
- to be a worker must be providing services of economic value
Belge FA v Bosman
professional sportsman is a worker
Steymann
doing odd jobs can be economic activity
Bettray
work as part of drug rehav is social not economic activity and is ancillary to his rehab
Antonissen
MS can restrict rights relating to social benefits for job seekers
Gul
- sex/nationality of spouse of worker is irrelevant
- you can work as a spouse of a worker, irrelevant of whether you are an EU national yourself
Netherlands v Reed
spouse = person married to worker. if Dutch law allows nationals to have non-national marital partners this should be extended to EU workers in Holland
Akrich
Spouse must be lawfully resident in one MS before they can move to another
Jia v Migrationjverket
Dependent = someone needing material support of EU citizen in order to meet essential needs
Diatta
rights remain unaffected by separation - woman allowed to stay even though initiated divorce proceedings from husband
Sandhu
if the qualifying spouse divorces the unqualified spouse and then leaves the country they can lose the right to stay
Kaczmarek
economically inactive citizens can be denied rights of residence if
- not covered by sickness insurance in respect of all risks; or
- not possessing sufficient resources to avoid becoming a burden
Proceurer du Roi
failure to obtain residence permit may not prevent EU worker from exercising right to move freely
Watson v Belmann
EU law cannot prevent MS monitoring number of non-nationals within borders
Comm v France (Merchant Seamen)
- direct discrimination - restriction on proportion of non-French to French seamen.
- unjustified
Salvatore Ugiliola
Seniority in company only given to people who had served in German army was a breach as no objective justification
Groener
language requirements can be discriminatory but not if the requirement is proportionate to the policy objective
Bosman
structure of football transfer fees are a breach as the affect player’s access to employment markets without justification
Kraus
requirement to see permission to use academic title from abroad is a barrier to persons moving from other MS and is unjustified
Even
social advantages =
- those generally granted to workers
- primarily because of their objective status as workers
- or by virtue of the fact of their residence
Cristini
- fare reduction on railways had to be given to an Italian family
- social advantages = all social and tax advantages whether or not attached to contract of employment
Reina
childbirth loan = social advantage
Hoeckx
minimum income allowance = social advantage
O’Flynn
funeral expenses are a benefit
Brown v Scotland
- universities are not vocational schools
- work gained for purposes of study not in preparation of further employment does not qualify him as a worker
Casagrande
Ar 12 D1612/68 covers any general measures intended to facilitate educational attendance
Lair
Educational grants may fall under Art 7(2) of D1612/68 as a social advantage, not Art 7(3)
Maria Martinez
EU citizens lawfully resident in a MS have the right to equal treatment under Art 18 TFEu
Bidar
Not economically active but can still rely on Art 18 as a lawful resident in UK
D’Hoop
- Citizenship alone decides an issue for the first time
- court held that restricting the rights of a citizen exercising freedom of movement was not allowed so she could not be denied the Belgian Minimex
Rutilli
- Can’t restrict migrants to a certain part of an MS once they have been allowed in
- derogating from FMP based on future conduct requires a very high threshold of seriousness
Boucherau
- really serious crimes may be enough in themselves to warrant deportation
- to use public policy derogation personal conduct of the individual must represent a:
- genuine and sufficiently serious threat
- affecting a fundamental interest of society
- really serious crimes may be enough in themselves to warrant deportation
Van Duyn
where MS has taken steps to restrict activities of an organisation the state can rely on public policy even if it has not made those activities unlawful
Adoui and Cornuaille
- deportation of french prostitutes
- discrimination was unjustified because prostitution not illegal in Belgium.
Donatella Calfa
automatic deportation of non-national in possession of drugs incompatible with Art 35(3)
- disproportionate blanket ban
- does not take into account personal conduct or danger posed to society
Astrid Proll
entry must be allowed to someone who might have reformed (cannot exclude based on past condiuct)
Sotgui
Once individual is admitted to public service, discrimination on grounds of nationality will infringe FMP
Public Employees Case
public service posts are those where there is a responsibility for safeguarding general interests of the staet
Comm v France (Nurses)
nurses not public service employees
Gravier
non-workers get protection from discrimination in access to education on basis of nationality due to Art 18
Blaizot
University study can be considered vocational training under Art 18 if it provides education for a qualification of a profession
