Free Movement of Workers Cases

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  • Created by: Amy
  • Created on: 05-04-17 01:46
Case 26/62 Van Gend en Loos – Direct effect of the TFEU
Basic test for direct effect – enables individuals to invoke provisions of EU law within MS legal systems.
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Case 167/73 Commission v France – Vertical direct effect – Direct discrimination
Confirmed that Article 45 TFEU had vertical direct effect. Imposing a quota on non-national crew employed was direct discrimination.
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Case C-281/98 Angonese – Horizontal direct effect – Direct discrimination
the prohibition of discrimination on grounds of nationality in Article 45 must apply to private persons as well as public. It is a fundamental freedom. The old 3+2 UEFA rule (restrictions on non-national players) was direct discrimination.
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Case C-19/92 Kraus – Intra-EU movement requirement
Worker in a host MS enjoys the rights guaranteed by the Treaty.
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Case 180/83 Moser – intra-EU requirement
Article 45 excludes ‘purely hypothetical’ scenarios
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Case 175/78 Saunders – intra-EU requirement
Article 45 inapplicable to wholly internal situations.
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Case C-214/94 Boukhalfa – territorial scope of application
Article 45 applies to all employment relationships that were entered into, or take effect within, the territory of the Union.
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Case 75/63 Hoekstra – who is a worker?
the concept is not defined by the treaty – CJ held that it must be defined by Union and not national law.
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Case 66/85 Lawrie-Blum – who is a worker – basic test - the essential features of an employment relationship
For a certain period of time a person performs services for and under the direction of another person in return for which he receives remunerations. Public and private law employment relationships are covered.
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Case 196/87 Steymann – application of the Lawrie-Blum test
Religious community - contribution to community life (maintenance services) constitute economic activities.
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Case 344/87 Bettray – application of the Lawrie-Blum test
participation in ‘employment rehabilitation scheme’ (as close as possible to conditions of normal employment) they do not constitute a worker.
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Case C-456/02 – Trojani – application of the Lawrie-Blum test
the test excludes activities that are not effective and genuine – do the services for part of the normal labour market?
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Case 53/81 – Levin- part time worker not excluded from ‘worker’ definition
even if wages fall below official su bsistence level/ legal minimum wage.
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Case 139/85 – Kempf - part time worker not excluded from ‘worker’ definition
even if claimant must in turn supplement his income from private/public funds.
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Case-357/89 – Raulin ¬- part time worker not excluded from ‘worker’ definition
even if number of hours worked is relatively small.
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Case 197/86 – Brown – Purpose may determine the scope of available benefits
if the primary purpose for which the person has moved to another MS is uni, and the employed activity is ancillary, the right to equal treatment is more limited – they will not enjoy equal treatment with respect to maintenance grants .
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Case C-415/93 – Bosman – what is economic activity?
Sporting activities fall within Article 45 TFEU insofar as constitute economic activity.
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Case C-350/96 – Clean Car Autoservice – Benefit to employers
Employers can invoke Art 45 to contest, in particular discriminatory national rules governing the recruitment of Member State nationals.
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Case 48/75 – Royer – work seekers
the right to enter and reside in a host MS to look for or pursue an occupation is a right conferred from the treaty.
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Case C-292/89 – Antonissen – work seekers
case codified by Directive 2004/38 – a work seeker can stay in a MS if they provide evidence that they are trying to find work and they have a genuine chance of getting one
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Case 316/85 – Lebon – Work seekers rights
Work seekers only enjoy the right to equal treatment with respect to access to employment not social and tax advantages.
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Case C-22/09 – Vatsouras – Financial assistance to work seekers
Work seekers are entitled to financial benefits designed to facilitate access to employment (JSA). These benefits are not social assistance within the meaning of Article 24(2) DIR 2004/38.
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Case C-507/12 – Jessy Saint Prix – Retention of workers status
Giving up work because of pregnancy retains the status of ‘worker’ provided she returns to work or finds another job within a reasonable period after birth.
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Case C-378/97 – Wijsenbeek – Rights of migrant workers
Dutch MEP refused to present his passport and was arrested – said the requirement was contrary to the free movement. CJ held MS could impose non-discriminatory and proportionate sanctions for non-compliance.
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Case C-114/97 – Commission v Spain – Justifying direct discrimination
Spanish rule restricting the right to work in the private security sector to Spanish nationals. Article 45(4) the right to free movement of workers does not apply in the public service.
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Case 149/79 – Commission v Belgium – Justifying direct discrimination
CJ construed the ‘public service’ exemption in Art 45(4) narrowly.
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Case C-4/91 - Bleis - Justifying direct discrimination
Employment as a secondary school teacher does not constitute employment in the public service.
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Case 307/84 - Commission v France - Justifying direct discrimination
Employment as a nurse in a public hospital does not fall within Article 45(4).
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Case C-47/02 – Anker - Justifying direct discrimination
‘Exclusion of non-nationals from post of ‘fishing vessel master’ only if the rights under powers conferred by public law on masters of such vessels are in fact exercised on a regular basis and do not represent a very minor part of their activities’.
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Case C-379/87 – Groener – Indirect Discrimination
Dutch national refused permanent teaching post on the grounds that she had failed to pass Irish language test. Article 3(1) Reg language requirements may be imposed to the extent necessary ‘by reason of the nature of the post’.
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Case C-281/98 – Angonese – Indirect Discrimination
Private bank required applicants to posses ‘certificate of bilingualism’ that could also only be obtained in the geographical area of Bolzano.
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Case C-237/94 – O’Flynn – Indirect Discrimination
A provision must be regarded as indirect discrimination if it is intrinsically liable to affect migrant workers more than national workers and if there is a consequent risk that it will place the former at a particular disadvantage.
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Case 9/74 – Casagrande – Family Members
Covers all benefits intended to facilitate education.
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Case C-413/99 – Baumbast – Family Members
Grants right to continue/complete education in host Member State. Right of residency for ‘primary carer’ of children completing education.
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Case C-310/08 Ibrahim – family members
right of residency for primary carer is unconditional.
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Other cards in this set

Card 2

Front

Confirmed that Article 45 TFEU had vertical direct effect. Imposing a quota on non-national crew employed was direct discrimination.

Back

Case 167/73 Commission v France – Vertical direct effect – Direct discrimination

Card 3

Front

the prohibition of discrimination on grounds of nationality in Article 45 must apply to private persons as well as public. It is a fundamental freedom. The old 3+2 UEFA rule (restrictions on non-national players) was direct discrimination.

Back

Preview of the back of card 3

Card 4

Front

Worker in a host MS enjoys the rights guaranteed by the Treaty.

Back

Preview of the back of card 4

Card 5

Front

Article 45 excludes ‘purely hypothetical’ scenarios

Back

Preview of the back of card 5
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