European Court of Justice

  • Residence rights and wrongs

    Issue 242 (October 2014)
    article

    Henri Krishna reviews recent changes in rules1 about residence and benefits, concentrating on developments not already covered by articles on the 1 January 2014 changes in CPAG's Welfare Rights Bulletin 238 and the Saint Prix decision of the European Court of Justice in CPAG's Welfare Rights Bulletin 241.

    • 1. SI 2014/1451
  • Saint Prix and the right to reside for pregnant women

    Issue 241 (August 2014)
    article

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    Mike Spencer looks at a recent European Court of Justice decision with important findings about the right to reside of women who have given up work due to pregnancy.

  • Saint Prix v DWP: pregnancy and right to reside

    Last updated: June 25, 2014
    test case

    Jessy Saint Prix v Department for Work and Pensions C-507/12.

    The issue in this case is whether a French national who became temporarily unable to work due to pregnancy and childbirth and had no continuing employment rights retained her status as a 'worker' in EU law and therefore her right of residence in the UK when she claimed income support on grounds of pregnancy.  

  • Right to reside: some positive case law

    Issue 213 (December 2009)
    article

    Graham Tegg reports on some positive developments from the European Court of Justice (ECJ).

  • Exporting AA, CA and DLA care

    Issue 201 (December 2007)
    article

    The European Court of Justice (ECJ) has recently given an important judgement - Commission of the European Communities v the European Parliament and the Council of the European Union (C-299/05, 18 October 2007). The effect of the judgement is to allow for the exportation to any other European Economic Area (EEA) of States Attendance Allowance (AA), Carers Allowance (CA) and the care component of Disability Living Allowance (DLA). Pamela Fitzpatrick provides some background and details of this decision.

  • Lassal: CPAG victory in the ECJ

    Issue 218 (October 2010)
    article

    CPAG intervened in the Lassal case to represent the interests of claimants.         Sarah Clarke explains what the case is about.

  • Permanent right to reside: Lassal

    Issue 216 (June 2010)
    article

    Sarah Clarke gives details of some more positive caselaw from the European Court of Justice.

  • ‘Baumbasted’! The right to reside test for claimants with children in education

    Issue 215 (April 2010)
    article

    Graham Tegg examines the implications of two recent judgments from the European Court of Justice (ECJ).