Free Movement of Workers Cases Flashcards Preview

EU Law > Free Movement of Workers Cases > Flashcards

Flashcards in Free Movement of Workers Cases Deck (45):
1

Hoekstra

- ECJ defines workers, not MS
- will do so broadly

2

Lawrie-Blum

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

3

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

4

Kempf

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

5

Walgrave & Koch

- pacer in cycling race is a worker
- to be a worker must be providing services of economic value

6

Belge FA v Bosman

professional sportsman is a worker

7

Steymann

doing odd jobs can be economic activity

8

Bettray

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

9

Antonissen

MS can restrict rights relating to social benefits for job seekers

10

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

11

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

12

Akrich

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

13

Jia v Migrationjverket

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

14

Diatta

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

15

Sandhu

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

16

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

17

Proceurer du Roi

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

18

Watson v Belmann

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

19

Comm v France (Merchant Seamen)

- direct discrimination - restriction on proportion of non-French to French seamen.
- unjustified

20

Salvatore Ugiliola

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

21

Groener

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

22

Bosman

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

23

Kraus

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

24

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

25

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

26

Reina

childbirth loan = social advantage

27

Hoeckx

minimum income allowance = social advantage

28

O'Flynn

funeral expenses are a benefit

29

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

30

Casagrande

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

31

Lair

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

32

Maria Martinez

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

33

Bidar

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

34

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

35

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

36

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

37

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

38

Adoui and Cornuaille

- deportation of french prostitutes
- discrimination was unjustified because prostitution not illegal in Belgium.

39

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

40

Astrid Proll

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

41

Sotgui

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

42

Public Employees Case

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

43

Comm v France (Nurses)

nurses not public service employees

44

Gravier

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

45

Blaizot

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