single Market Flashcards
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In what case did - Some income during “preparatory service” as trainee teacher
– during the training period, they got some income, question was are they a worker?
– Court gave this idea that the essential feature of an employment relationship … is that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration
– Held that the teacher was employed, that the relationship did meet the requirements set out above
Lawrie - blum v land baden- wurttemberg (case 66/85)
– Work in religious community in exchange for bed, food and pocket money
– He didn’t get a big wage for his work as caretaker, he was getting things in exchange
– Held that this qualified him as a worker, it was an economic activity, he was getting things in return for the work he was doing
– He was performing services under the direction of another person in return for which he receives remuneration
steyman v staatssecretaris van justitie (case 196/87)
CONTRAST – Work as drug rehabilitation programme
– Had to do some work within the community
– Held that in those circumstances he couldn’t be regarded as being a worker
– Wasn’t a genuine and effective economic activity, wasn’t part of the economic life of the community, more the development of it
Bettray v staatssecretaris van justitie (case 344/87) 1989
- Part-time work earning below subsistence level
- husband was working in the Netherlands, she took some part time work aswell, what she was earning was well below the level needed to fund herself so was argued that she’s not really a worker
- held that so long as it is an economic activity, you can still be a worker, she was getting paid although not much it wasn’t her only income(husbands income)
Levin v staatsecretaris van justitie (case 53/81) 1982
– Part-time music teacher, with earning supplemented by social security
– Income received wasn’t enough for living expenses, so this was supplemented by social security instead of say a husband
– Held, was still a worker, don’t need to be able to survive from the money gained, was still an economic activity
– Doesn’t have to be your exclusive income
Kempf staatssecretaris van justitie (case 139/85)
Freedom of movement extended by court to those seeking work as well as those who are actually in work.
that freedom also entails the right for nationals of Member States to move freely within the territory of the other Member States and to stay there for the purposes of seeking employment.”
R v Immegration appeal tribunal, ex party antonissen (c-292/89)
Have any restrictions been put on by member states to ensure people are actually looking for jobs and what rights they have after 6months
The European court was prepared to extend the free movement to those seeking work but the member states could impose restrictions after a period of time.
what’s stated in the Workers rights regulation 492/2011
No direct obstacles to foreign workers or laws with aim or effect of keeping away other nationals
No special recruitment procedure for foreign nationals
NO nationality quotas.
Rule limiting number of players of foreign nationality in football team
Belgian football governing bodies had various rules that limited the number of players of foreign nationality that could play in a football team
Important to build up local/national players
Challenged by Bosman who was an EU national that felt his right to work as a football player was being infringed by the set of rules put in place
Union royale belge des societes des football asscociation ASBL v Bosman (c-415/93) 1995
Requirements of business to have a manager resident in Austria
discriminatory to none Austrians
Clean Car Autoservice GmbH v Landeshauptmann von Wien (c-350/96) 1998
Legal entitlement under French law that Nationals Families with lots of children receive a discount on rial fairs
widow who’s husband a national who was descaled tried to get the discount but it wouldn’t let her
It was held under the circumstances that she was still entitled to it.
Cristini v societe nationale des chemins de fer Francais (c32-75)
Limitations on movement of Workers. [7] … employment within the meaning of article [45(4)] must be connected with the specific activities of the public service in so far as it is entrusted with the exercise of powers conferred by public law and with responsibility for safeguarding the general interests of the state, to which the specific interests of local authorities such as municipalities must be assimilated.
Commission v Belgium (case 149/79) ECR-1845
Researchers at national Italian research centre
Only duties of management or of advising the state on scientific and technical questions could be described as employment in the public service.
Court held that RESEARCH CENTRE covered a RANGE of jobs
Commission v Italy (case 225/87) ECR-1987
Commission v Luxembourg (c-473/93) ECR 1996
School teachers - accepts need to protect national identity of small country but disproportionate
Luxembourg was keen to keep their own sense of nationality and identity so a strong Luxembourg background in schools was important
held it was disproportionate to have no foreign teachers could be achieved in other ways
Van duyn v Home office (case 41/74) 1974 ECR
Must be based on personal conduct of individual - Scientology
prohibition ban on entering the country for van Duyn because she is a scientologist said to be a dangerous cult and Uk tried to suppress it.
she was refused entry into the uk(Claimed free movement had been infringed).
