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  • Created by: Katie
  • Created on: 22-01-16 12:58


MS can remove nationality if obtained by deception

'It is not contrary to European Union law, in particular to Article 17 EC, for a MS to withdram from a citizen of the Union the nationality of that state'

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Limits on numbers of foreign players is contrary to free movement of persons

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None economically active status does not mean you can't get social benifits. There should be an evaluation of all circumstances

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Collins v SSWP

A jobseeker is not a worker

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Facts: not looked for work and not looking

If living there upto 3 months 'the host MS is thus not obliged to confer entitlement to social benifits on a national of another MS or his family members during that period'.

However, for over 3 months there is not necessarilly a right either 'Article 7(1)(b) of D 2004/38 seeks to prevent economically inactive Union citizens from using the host MS welfare system to fund their means of subsitance'

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Certain degree of intergration may be sufficiant for establishment 

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A rule by the Netherlands that an individual has to reside for 5 years before giving grants was not discriminatory even though this did not apply to Dutch nationals

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Dependents must be from the same country that the family member comes from

'MS are not required to grant every application for entry or residence submitted by family members of a Union citizen who do not fall under the definition in Article 2(2)'

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Application of D 2004/38 is not conditional on fam members having resided in a MS previously

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Restrictions 'would only be justified if it were based on objective considerations independent of the nationality of the persons concerened and were proportionate to the legitimate aim of national provisions'

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French national, who was a final year student in Belgium, faced financial difficulties. As this was just a temporary difficulty, he should be treated as a national

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Baumbast v SSHD

Preventing a child from continuing education in a MS disuades and creates an obstacle to FMOP

'primary carer of those children, irrespective of his nationality, to reside with them in order to facilitate the exercise of that right'

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Austrian law allowed disabled people to enjoy freedom from tolls. Gottwald was a German national and as such he was denied a permit. He was able to challenge this under Art 18 TFEU

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Ruiz Zambrano

Court recognised the right of residence of a family member

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