Free Movement of Workers Cases Flashcards

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1
Q

Hoekstra

A
  • ECJ defines workers, not MS

- will do so broadly

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2
Q

Lawrie-Blum

A
worker =
-performs services
- for and under direction of another
- for remuneration
trainee teacher is a worker
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3
Q

Levin

A
  • 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
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4
Q

Kempf

A

music teacher was pursuing genuine and effective economic activity
- could not be excluded even though income generated was insufficient to meet his needs

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5
Q

Walgrave & Koch

A
  • pacer in cycling race is a worker

- to be a worker must be providing services of economic value

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6
Q

Belge FA v Bosman

A

professional sportsman is a worker

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7
Q

Steymann

A

doing odd jobs can be economic activity

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8
Q

Bettray

A

work as part of drug rehav is social not economic activity and is ancillary to his rehab

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9
Q

Antonissen

A

MS can restrict rights relating to social benefits for job seekers

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10
Q

Gul

A
  • 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

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11
Q

Netherlands v Reed

A

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

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12
Q

Akrich

A

Spouse must be lawfully resident in one MS before they can move to another

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13
Q

Jia v Migrationjverket

A

Dependent = someone needing material support of EU citizen in order to meet essential needs

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14
Q

Diatta

A

rights remain unaffected by separation - woman allowed to stay even though initiated divorce proceedings from husband

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15
Q

Sandhu

A

if the qualifying spouse divorces the unqualified spouse and then leaves the country they can lose the right to stay

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16
Q

Kaczmarek

A

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
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17
Q

Proceurer du Roi

A

failure to obtain residence permit may not prevent EU worker from exercising right to move freely

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18
Q

Watson v Belmann

A

EU law cannot prevent MS monitoring number of non-nationals within borders

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19
Q

Comm v France (Merchant Seamen)

A
  • direct discrimination - restriction on proportion of non-French to French seamen.
  • unjustified
20
Q

Salvatore Ugiliola

A

Seniority in company only given to people who had served in German army was a breach as no objective justification

21
Q

Groener

A

language requirements can be discriminatory but not if the requirement is proportionate to the policy objective

22
Q

Bosman

A

structure of football transfer fees are a breach as the affect player’s access to employment markets without justification

23
Q

Kraus

A

requirement to see permission to use academic title from abroad is a barrier to persons moving from other MS and is unjustified

24
Q

Even

A

social advantages =

  • those generally granted to workers
  • primarily because of their objective status as workers
  • or by virtue of the fact of their residence
25
Q

Cristini

A
  • 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
26
Q

Reina

A

childbirth loan = social advantage

27
Q

Hoeckx

A

minimum income allowance = social advantage

28
Q

O’Flynn

A

funeral expenses are a benefit

29
Q

Brown v Scotland

A
  • universities are not vocational schools

- work gained for purposes of study not in preparation of further employment does not qualify him as a worker

30
Q

Casagrande

A

Ar 12 D1612/68 covers any general measures intended to facilitate educational attendance

31
Q

Lair

A

Educational grants may fall under Art 7(2) of D1612/68 as a social advantage, not Art 7(3)

32
Q

Maria Martinez

A

EU citizens lawfully resident in a MS have the right to equal treatment under Art 18 TFEu

33
Q

Bidar

A

Not economically active but can still rely on Art 18 as a lawful resident in UK

34
Q

D’Hoop

A
  • 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
35
Q

Rutilli

A
  • 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
36
Q

Boucherau

A
  • 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
37
Q

Van Duyn

A

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

38
Q

Adoui and Cornuaille

A
  • deportation of french prostitutes

- discrimination was unjustified because prostitution not illegal in Belgium.

39
Q

Donatella Calfa

A

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
40
Q

Astrid Proll

A

entry must be allowed to someone who might have reformed (cannot exclude based on past condiuct)

41
Q

Sotgui

A

Once individual is admitted to public service, discrimination on grounds of nationality will infringe FMP

42
Q

Public Employees Case

A

public service posts are those where there is a responsibility for safeguarding general interests of the staet

43
Q

Comm v France (Nurses)

A

nurses not public service employees

44
Q

Gravier

A

non-workers get protection from discrimination in access to education on basis of nationality due to Art 18

45
Q

Blaizot

A

University study can be considered vocational training under Art 18 if it provides education for a qualification of a profession