Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

More documents

Recommendations

Info

61986J0063 European Court reports 1988 Page 00029 7 NATIONA Italy NOTES X: Gaceta Jurídica de la CEE - Boletín 1988 no 30 p.35-36 Boutard-Labarde, Marie-Chantal: Journal du droit international 1988 p.508-510 Boutard-Labarde, Marie-Chantal: La Semaine juridique - édition générale 1988 II 21140 PROCEDU Proceedings concerning failure by Member State - successful ADVGEN Vilaça JUDGRAP Due DATES of document: 14/01/1988 of application: 06/03/1986 © An extract from a JUSTIS database 158
61996J0085 European Court reports 1998 Page I-02691 1 Judgment of the Court of 12 May 1998 María Martínez Sala v Freistaat Bayern. Reference for a preliminary ruling: Bayerisches Landessozialgericht - Germany. Articles 8A, 48 and 51 of the EC Treaty - Definition of 'worker' - Article 4 of Regulation (EEC) No 1408/71 - Child-raising allowance - Definition of 'family benefit'- Article 7(2) of Regulation (EEC) No 1612/68 - Definition of 'social advantage' - Requirement of possession of a residence permit or authorization. Case C-85/96. 1 Social security for migrant workers - Community rules - Scope ratione materiae - Child-raising allowance intended to meet family expenses of the recipient, granted on the basis of objective and legally defined criteria - Whether included (Council Regulation No 1408/71, Art. 4(1)(h)) 2 Freedom of movement for persons - Workers - Equal treatment - Social advantages - Definition - Child-raising allowance intended to meet family expenses of the recipient, granted on the basis of objective and legally defined criteria - Whether included (Council Regulation 1612/68, Art. 7(2)) 3 Freedom of movement for persons - Workers - Definition of worker - Definition varying according to area in which it is applied - Worker within the meaning of Article 48 of the Treaty and Regulation No 1612/68 - Definition - Employed person within the meaning of Regulation No 1408/71 - Definition (EC Treaty, Arts 48 and 51; Council Regulations Nos 1612/68 and 1408/71, Arts 1(a) and 2)) 4 Citizenship of the European Union - Treaty provisions - Scope ratione personae - National of one Member State lawfully residing on the territory of another Member State - Whether included - Effect - Benefit of rights attaching to the status of citizen of the European Union (EC Treaty, Arts 6 and 8(2)) 5 Community law - Principles - Equal treatment - Discrimination on grounds of nationality - Child-raising allowance - Conditions for granting - National rules requiring only nationals of other Member States to produce a residence permit - Not permissible (EC Treaty, Art. 6) 1 A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a family benefit within the meaning of Article 4(1)(h) of Regulation No 1408/71. 2 A benefit such as the child-raising allowance, which is automatically granted to persons fulfilling certain objective criteria, without any individual and discretionary assessment of personal needs, and which is intended to meet family expenses, falls within the scope ratione materiae of Community law as a social advantage within the meaning of Article 7(2) of Regulation No 1612/68. The concept of social advantage covers all the advantages which, whether or not linked to a contract of employment, are generally granted to national workers primarily because of their objective status as workers or by virtue of the mere fact of their residence on the national territory and whose extension to workers who are nationals of other Member States therefore seems likely to facilitate the mobility of such workers within the Community 3 There is no single definition of worker in Community law: it varies according to the area in which the definition is to be applied. For instance, the definition of worker used in the context © An extract from a JUSTIS database 159
Page 1 and 2:
Master’s Program 2004/2005 Techni
Page 3 and 4:
Alberta iela 13 LV-1010 Riga Latvia
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Session no. 18-21 16-21 Monday 19 S
Page 11 and 12:
61984J0178 European Court reports 1
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108: 61996J0129 European Court reports 1
Page 157: 61986J0063 European Court reports 1
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289:
show all

Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?