Free movement of workers

The claimant : worker

Definition: Lawrie-Blum
A worker is a person who performs services of some economic value for, and under the direction of, another person, in return for which
he receives remuneration.
(a) 'Genuine & effective work'
Kempf - not marginal & ancillary
Kurz - duration & activity
Trojani - w/r the services performed were capable of being treated as part of the labour market
- the content of the social reintegration programme & the nature & details of the services performed
(b) Economic activity: The worker must perform services of an economic nature
Steyman - a plumber w/o remuneration - qualified as worker since he performed a genuine and effective activity of an economic nature.
Bettray - the purpose of the scheme was to reintegrate offenders into the labour market - social objectives, not economic.
(c) The r/s of subordination
Lawrie-Blum - a person to be regarded as a worker must perform services for and under the direction of another person
(d) The concept of remuneration: interpreted broadly - includes salary and other considerations, w/r in cash or kind.
Levin - Part time work - lower income than minimum subsistence wage but was an effective means of improving one's living conditions. =
minimum income for minimum level of subsistence.

Rights of workers

(e) Tax advantages

(a) Right to (b) Access to employment (c) Access to social (d) Educational and (f) Residence
advantages and other vocational training Schumacker - The requirements
reside Migrant workers are entitled Court interpreted
welfare benefits By virtue of Article 7(3) Any conditions for access
Jean Nöel Royer - to equal access to Article 48 EEC (now
the right of a employment with nationals The application of the of Regulation 492/11, to benefits such as a
Article 45 TFEU) as
worker to enter of the host state and there equal treatment rule in EU migrant workers are requirement for a period
meaning that a
a M/S and reside must be no discrimination in Article 45(2) TFEU entitled to access to of residence would also
Union national who
there is recruitment. means that workers training in vocational infringe the free
gained his main
conferred are entitled to in-work schools and retraining movement of persons.
Exception to the principle of income and almost
directly from the benefits in the same centres under the same Com v Luxembourg -
equal access: Article 45(4) all of his family
Treaty and is not way as nationals of the conditions as national Making entitlement to
TFEU - M/S can restrict income in a M/S
the result of a host state. workers. income support dependent
access for non-nationals to other than his state
M/S's conferral employment in the 'public Lair - the Court ruled of residence was on a person having resided
of a residence service' Article 7(1) Regulation that a person does not discriminated in Luxembourg for five
permit. 492/11 states that a cease to be an against if his years out of the past 20
Com v Belgium - the Court immigrant Union worker years was held to breach
R v Pieck - the migrant worker must personal family
held that posts covered by just b/c they give up Article 45 TFEU.
failure to comply not be discriminated circumstances were
the Article must involve work in order to become
with the national against in respect of not taken into Terhoeve - The obligation
participation in the exercise a full time student.
requirements for any conditions of account for income on a worker who had
of powers conferred by
obtaining a employment and work. → Nevertheless, in order tax purposes in the moved from one M/S to
public law and must entail
residence permit to retain worker status, home state. another to pay higher
duties designed to safeguard
should not lead the general interests of the there must be a Hans-Jürgen - All social security
Definition of social connection b/w the contributions, w/o
to state. forms of direct tax
advantages course of study and the benefiting from higher
disproportionate discrimination
penalties. There must be the existence Even - Advantages, immigrant's previous benefits in return, was an
which impede the
of a special r/s of allegiance linked to a contract of work. obstacle to free
Maria Diaz - a exercise of a
to the state and reciprocity employment or not, movement.
permanent right → Vocational training fundamental
of rights and duties which generally granted to
of residence can was narrowly defined by freedom (in this De Cuyper - The residence
form the foundation of the migrant workers
be acquired if a the Court and had to be , case, the free requirement placed on the
bond of nationality. primarily b/c of their
person has closely linked to an movement of unemployment benefit by
Sotgiu v Bundespost - objective status as occupational activity. workers) are the Belgian authorities
legally resided in
employment in the state workers or by virtue of This interpretation precluded. infringed Mr De Cuyper's
another M/S for
postal service was held not the mere fact of their would not, therefore, right of free mvoement
5 years prior to RHH Renneberg -
to be covered by Article residence of the cover universities. and residence of Union
the transposition The refusal to take
45(4). national territory. citizens within the territory
of the Directive, Blaizot v University of into account the
provided that Commission v France - Sotgiu v Bundespost - A Liege - university relative negative of the M/S of the Union.
any periods nursing posts in state lower severance education which income depended However, the Court noted
during which the hospitals were not covered. allowance - indistinctly provides for specific on w/r the tax payer that such a restriction can
person no longer Requirement of linguistic applicable measure training would be a form was resident in the be justified if it is based on:
met the knowledge: Article 3(1) which was of vocational training Netherlands and
requirements for nevertheless this difference in - objective considerations
Regulation 492/11 Kaj Lyyski - The Court of public interest
the acquisition discriminatory as it treatment was
Groener v Minister of affected migrant held that the conditions independent of the
of a right of disadvantageous to
Education - the level of workers more. of access to vocational nationality of the persons
residence were non-resident
linguistic knowledge must be training fell within the concerned and,
less than 2 Collins - the principle of taxpayers.
proportionate - i.e. it must scope of the Treaty and - proportionate to the
consecutive equal treatment in → Such a difference
relate to the actual demands that both higher legitimate objectives of the
years. Union law (which also in treatment could
of the job and not be set too education and university national provisions.
high. applies to jobseekers) education fall under the not be justified
extends to benefits of a category of 'vocational when there was no → 'A measure is
Angonese - the requirement financial nature (such proportionate when, while
training'. objective difference
of a patentino was directly as a jobseekers' appropriate for securing
b/w the situations
discriminatory and contrary allowance). Forster - M/S can limit the attainment of the
of the resident and
to Article 45 TFEU as it was study grants to those objective pursued, it does
Reina - interest free non-resident and,
unlikely that persons from who have shown a not go beyond what is
childbirth loan = social therefore,
another locality would sufficient degree of necessary in order to
advantage. constitutes a
possess the patentino. integration into the host attain it'.
discriminatory
member state.
measure.