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EU · Year 2 · Internal Market Law

Workers, Citizens & Establishment

Free movement of persons and services.

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  1. 1.Lawrie-Blum (Case 66/85) — who is a worker?

    A person who for a period of time performs services for and under the direction of another in return for remuneration.

    Case 66/85 [1986] ECR 2121

  2. 2.Bosman (Case C-415/93) — held?

    Transfer fees for out-of-contract players and nationality quotas in football breached free movement of workers.

    Case C-415/93 [1995] ECR I-4921

  3. 3.Gebhard (Case C-55/94) — four-condition test?

    National measures restricting fundamental freedoms must be non-discriminatory, justified by imperative requirements in the general interest, suitable, and not go beyond what is necessary.

    Case C-55/94 [1995] ECR I-4165

  4. 4.Centros (Case C-212/97) — held?

    Refusing to register a branch of a company formed in another Member State only to avoid stricter minimum capital rules breached freedom of establishment.

    Case C-212/97 [1999] ECR I-1459

  5. 5.Viking (C-438/05) and Laval (C-341/05) — held?

    Collective action by trade unions can be a restriction on freedom of establishment or services, which must be justified and proportionate.

    [2007] ECR I-10779; [2007] ECR I-11767

  6. 6.Article 36 TFEU?

    Allows restrictions on imports and exports justified on grounds such as public morality, public policy, public security, and health, if not arbitrary discrimination or disguised restriction.

    Art 36 TFEU

  7. 7.Grzelczyk (Case C-184/99) — held?

    Union citizenship is "destined to be the fundamental status" of nationals of the Member States; a student could not be refused a minimum subsistence benefit on nationality grounds.

    Case C-184/99 [2001] ECR I-6193

  8. 8.Ruiz Zambrano (Case C-34/09) — held?

    A Member State cannot refuse residence to third-country parents of dependent EU citizen children where that would deprive the children of the genuine enjoyment of their citizenship rights.

    Case C-34/09 [2011] ECR I-1177

  9. 9.Dano (Case C-333/13) — held?

    Economically inactive EU citizens without sufficient resources can be excluded from special non-contributory benefits.

    Case C-333/13, EU:C:2014:2358

  10. 10.Which directive governs the right of citizens to move and reside freely?

    Directive 2004/38/EC (Citizens' Rights Directive).

    Directive 2004/38/EC