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Tutorial 3
Lecture 2- freedom to pursue an occupation in another MS
Article 45 TFEU —>employed persons (workers)
Article 49 —>self-employed
Article 56 also relevant for self-employment
not the same provisions but often interpreted in parallel by CJEU
45 only for natural persons, 49 and 56 for natural and legal
scope of article 45
Lawrie-Blum- conditions - worker
“for a certain period of time a person performs services for and
under the direction of another person in return to which he
receives remuneration”
1. economic activity
“genuine and effective”- Levin
1. includes parttime work and shortterm contracts
must be part of the normal labour market (Trojani)
2. remuneration
does not need to be financial (Steymann)
3. subordination
what about those who lost their jobs?
includes work-seekers who were previously workers and
keep their status for a reasonable period of time (6
months)
Tutorial 3 1
Tutorial 3
Lecture 2- freedom to pursue an occupation in another MS
Article 45 TFEU —>employed persons (workers)
Article 49 —>self-employed
Article 56 also relevant for self-employment
not the same provisions but often interpreted in parallel by CJEU
45 only for natural persons, 49 and 56 for natural and legal
scope of article 45
Lawrie-Blum- conditions - worker
“for a certain period of time a person performs services for and
under the direction of another person in return to which he
receives remuneration”
1. economic activity
“genuine and effective”- Levin
1. includes parttime work and shortterm contracts
must be part of the normal labour market (Trojani)
2. remuneration
does not need to be financial (Steymann)
3. subordination
what about those who lost their jobs?
includes work-seekers who were previously workers and
keep their status for a reasonable period of time (6
months)
Tutorial 3 1
