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04 October 2013
Issue: 7578 / Categories: Case law , Law digest , In Court
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EU—Freedom of movement

Pensionsversicherungsanstalt v Brey C-140/12, [2013] All ER (D) 198 (Sep)

EU law—in particular, as it resulted from Arts 7(1)(b), 8(4), 24(1) and (2) of Directive 2004/38—should be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically—whatever the circumstances—barred the grant of a benefit, such as the compensatory supplement provided for in para 292(1) of the ASVG, to a national of another member state who was not economically active, on the grounds that, despite having been issued with a certificate of residence, he did not meet the necessary requirements for obtaining the legal right to reside on the territory of the first member state for a period of longer than three months, since obtaining that right of residence was conditional upon that national having sufficient resources not to apply for the benefit.

 

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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