Free Movement of Workers Cases

Question 1

Hoekstra

Answer 1

• ECJ defines workers, not MS

- will do so broadly

Question 2

Lawrie-Blum

Answer 2

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

Question 3

Levin

Answer 3

• 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

Question 4

Kempf

Answer 4

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

Question 5

Walgrave & Koch

Answer 5

• pacer in cycling race is a worker

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

Question 6

Belge FA v Bosman

Answer 6

professional sportsman is a worker

Question 7

Steymann

Answer 7

doing odd jobs can be economic activity

Question 8

Bettray

Answer 8

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

Question 9

Antonissen

Answer 9

MS can restrict rights relating to social benefits for job seekers

Question 10

Gul

Answer 10

• 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

Question 11

Netherlands v Reed

Answer 11

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

Question 12

Akrich

Answer 12

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

Question 13

Jia v Migrationjverket

Answer 13

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

Question 14

Diatta

Answer 14

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

Question 15

Sandhu

Answer 15

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

Question 16

Kaczmarek

Answer 16

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

Question 17

Proceurer du Roi

Answer 17

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

Question 18

Watson v Belmann

Answer 18

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

Question 19

Comm v France (Merchant Seamen)

Answer 19

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

Question 20

Salvatore Ugiliola

Answer 20

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

Question 21

Groener

Answer 21

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

Question 22

Bosman

Answer 22

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

Question 23

Kraus

Answer 23

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

Question 24

Even

Answer 24

social advantages =

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

Question 25

Cristini

Answer 25

• 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

Question 26

Reina

Answer 26

childbirth loan = social advantage

Question 27

Hoeckx

Answer 27

minimum income allowance = social advantage

Question 28

O’Flynn

Answer 28

funeral expenses are a benefit

Question 29

Brown v Scotland

Answer 29

• universities are not vocational schools

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

Question 30

Casagrande

Answer 30

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

Question 31

Lair

Answer 31

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

Question 32

Maria Martinez

Answer 32

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

Question 33

Bidar

Answer 33

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

Question 34

D’Hoop

Answer 34

• 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

Question 35

Rutilli

Answer 35

• 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

Question 36

Boucherau

Answer 36

• 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

Question 37

Van Duyn

Answer 37

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

Question 38

Adoui and Cornuaille

Answer 38

• deportation of french prostitutes

- discrimination was unjustified because prostitution not illegal in Belgium.

Question 39

Donatella Calfa

Answer 39

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

Question 40

Astrid Proll

Answer 40

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

Question 41

Sotgui

Answer 41

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

Question 42

Public Employees Case

Answer 42

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

Question 43

Comm v France (Nurses)

Answer 43

nurses not public service employees

Question 44

Gravier

Answer 44

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

Question 45

Blaizot

Answer 45

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