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