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Martinez Sala [1998]
June 2, 2007 |
The first significant judgment of the ECJ on the meaning of EU citizenship was in the Martinez Sala case. Here, the ECJ used for the first time the notion “citizenship” to extend the rights of Union citizens.
The case concerned a Spanish woman, resident in Germany, unemployed and claiming a German child-raising allowance. However, because she did not possess a valid residence permit at that time, the authorities refused her request under the German social security law.
The ECJ did not agreed with this limiting condition upon access to child allowance and by using Articles 17 and 18 EC Treaty on EU citizenship, in conjunction with article 12 EC Treaty on non-discrimination, extend the protection against discrimination based on nationality to every citizen of the Union, and put her under protection of Community law.
In conclusion, a citizen of the European Union lawfully resident in the territory of the host Member State, can rely on article 12 EC Treaty in all situations which fall within the scope ratione materiae of Community law, including the situation where that Member State delays or refuses to grant a benefit that is provided to all persons lawfully resident in the territory of that State on the ground that the claimant is not in possession of a document which nationals of that same State are not required to have and the issue of which may be delayed or refused by the authorities of that State.
This case is important because, by including the situation of Mrs. Martinez Sala within the scope of application of the EC Treaty, the ECJ enlarged that scope in two respects. Firstly, the simple fact that Mrs. Sala was a Union citizen lawfully residing in another Member State was enough for her to fall under the scope of application of the EC Treaty. Secondly, the ECJ ruled that a benefit previously granted only to workers should also be granted to a person other than a worker.
Text of the ECJ judgment
Text of the AG opinion