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Michel Trojani [2004]
June 2, 2007 |
The Trojani case tried to settle the boundaries of the concept of EU Citizenship regarding access to social security benefits. The decision of the ECJ in the Trojani case went further with the development of the relationship between article 12 and 17 EC Treaty.
The applicant in this case was a French national lawfully residing in Belgium at a Salvation Army hostel for which he did various jobs for about 30 hours per week as part of a reintegration program. In return of his jobs he received board, lodging and some “pocket money” as an allowance of 25 euro per week. He applied for the Belgian minimex (a minimum subsistence allowance for persons with inadequate resources), but he was refused because he was not of Belgian nationality or a worker in the meaning of Council Regulation 1612/68 on freedom of movement of workers. In addition, because he possessed a residence permit issued to him by the municipal authorities in Brussels, article 39 EC Treaty was not applicable in his case.
The ECJ implied, following its reasoning in Martinez Sala, he was exercising his right under article 18(1) EC Treaty and could rely, therefore, as a citizen of the EU, on article 12 EC Treaty to claim the minimex benefit.
Text of the ECJ judgment
Text of the AG opinion