Minor international law and relations
Lecture: Internal market
Jurisdiction
,Table of contents
Eind Special situation returning citizens
Baumbast Proportionality in right to reside
Metock Right to move or reside + family member
Onuekware Permanent residence permit + imprisonment
Zambrano Exception main rule- free movement rights
Lawrie/blum Definition worker 1
Levin Definition worker 2
Scrivner Jobseekers and social advantages
Giletti X
Bosman Obstacle free movement of workers
Objectively jusitfied
Gebhard Establishment
Alpine investments Restrictions on free movement
establishment/services
Vlassopoulou Professional qualifications
Commission v Belgium Exception CHEE
Commission v Italy Definition of goods
Dassonville MHEE
Cassis de Dijon Rule of reason / product demand / dual burden
Keck Sales modality / Equal burden
, Eind returning citizens
Import rule:
- the fact that a national of a non-MS is regarded by a host MS as a family member of a worker, within
the meaning of art. 10 on the free movement of workers within the community and has as a result
received from that state a residence permit under that article does not in itself, even if that permit is
unexpired, oblige the MS of which the worker is a national to grant the said third country national, on
the workers return to his home country, a right to enter and reside in its territory.
The MS of which the worker is a national is required to assess whether the TCN who is a family
member of that worker enjoys, upon the latter’s return to his home country, a right to enter and
reside in the territory of that state on the basis of community law, before basis on national law
outside the scope.
Art. 18(1)EC does not grant union citizens a right to enter and reside in the territory of the MS on any
basis other than the conditions laid down by the other provisions of the EC treaty and the relevant
implementing provisions. The fact that the TCN is a family member of a person having the status of a
union citizen does not change the answer to be given to the foregoing questions.
Lecture: Internal market
Jurisdiction
,Table of contents
Eind Special situation returning citizens
Baumbast Proportionality in right to reside
Metock Right to move or reside + family member
Onuekware Permanent residence permit + imprisonment
Zambrano Exception main rule- free movement rights
Lawrie/blum Definition worker 1
Levin Definition worker 2
Scrivner Jobseekers and social advantages
Giletti X
Bosman Obstacle free movement of workers
Objectively jusitfied
Gebhard Establishment
Alpine investments Restrictions on free movement
establishment/services
Vlassopoulou Professional qualifications
Commission v Belgium Exception CHEE
Commission v Italy Definition of goods
Dassonville MHEE
Cassis de Dijon Rule of reason / product demand / dual burden
Keck Sales modality / Equal burden
, Eind returning citizens
Import rule:
- the fact that a national of a non-MS is regarded by a host MS as a family member of a worker, within
the meaning of art. 10 on the free movement of workers within the community and has as a result
received from that state a residence permit under that article does not in itself, even if that permit is
unexpired, oblige the MS of which the worker is a national to grant the said third country national, on
the workers return to his home country, a right to enter and reside in its territory.
The MS of which the worker is a national is required to assess whether the TCN who is a family
member of that worker enjoys, upon the latter’s return to his home country, a right to enter and
reside in the territory of that state on the basis of community law, before basis on national law
outside the scope.
Art. 18(1)EC does not grant union citizens a right to enter and reside in the territory of the MS on any
basis other than the conditions laid down by the other provisions of the EC treaty and the relevant
implementing provisions. The fact that the TCN is a family member of a person having the status of a
union citizen does not change the answer to be given to the foregoing questions.
