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DOI: 10.5553/EELC/187791072016001004032

European Employment Law CasesAccess_open

ECJ Court Watch

Case C-442/16. Free movement

Florea Gusa – v – Minister for Social Protection, Attorney General, reference lodged by the Irish Court of Appeal on 8 August 2016

Keywords Free movement
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, "Case C-442/16. Free movement", European Employment Law Cases, 4, (2016):273-273

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      Does an EU citizen who (1) is a national of another Member State; (2) has lawfully resided in and worked as a self-employed person in a host Member State for approximately four years; (3) has ceased his work or economic activity by reason of absence of work and (4) has registered as a jobseeker with the relevant employment office, retain the status of self-employed person pursuant to Article 7(1)(a), whether pursuant to Article 7(3)(b) of Directive 2004/38/EC or otherwise.
      If not, does he retain the right to reside in the host Member State, not having satisfied the criteria in Article 7(1) (b) or (c) of Directive 2004/38/EC or is he only protected from expulsion pursuant to Article 14(4) (b) of Directive 2004/38/EC.
      If not, in relation to such a person, is the refusal of jobseeker’s allowance (which is a non-contributory special benefit within the meaning of Article 70 of Regulation 883/2004/EC) by reason of a failure to establish a right to reside in the host Member State, compatible with EU law, and in particular Article 4 of Regulation 883/2004/EC.


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