Jun
10
De Cuyper [2006]
June 10, 2007 | Leave a Comment
In this case the ECJ examined the compatibility of Belgian legislation on unemployment with the freedom of movement and residence rights, conferred on EU citizens by Article 18 EC Treaty. Under Belgian legislation, unemployed persons over 50 years of age, although no longer obliged to remain available for work, are subject to a residence requirement.
The claimant in this case, was a Belgian national who had declared that he was unemployed and living in Belgium. When it was discovered during a routine inquiry by inspectors that he was in fact resident in France, the benefit was stopped and a demand was made for repayment of benefit already paid, on the basis of the Belgian Law whereby eligibility for unemployment benefit was conditional on actual residence in Belgium.
The ECJ pointed out first of all that the right of residence of EU citizens is not unconditional, but is conferred subject to the limitations and conditions laid down by the Treaty and by the measures adopted to give it effect.
Then, the ECJ found that the Belgian legislation places certain Belgian nationals at a disadvantage simply because they have exercised their freedom of movement and residence, and is thus a restriction on the freedoms conferred by Article 18 EC Treaty. It accepted, however, that the restriction was justified by objective considerations of public interest independent of the nationality of the persons concerned. Accordingly, a residence clause such as that applied in the case was not precluded by article 18 EC Treaty.
Text of the ECJ judgment
Text of the AG opinion