header-logo header-logo

06 August 2009
Issue: 7381 / Categories: Case law , Law digest
printer mail-detail

European Community

Dias v Secretary of State for Work and Pensions [2009] EWCA Civ 807, [2009] All ER (D) 358 (Jul)

The following questions have been referred to the European Court of Justice:
(i) “If a European Union citizen, present in a Member State of which she is not a national, was, prior to the transposition of Council Directive (EC) 2004/38, the holder of a residence permit validly issued pursuant to art 4(2) of Council Directive (EEC) 68/360, but was for a period of time during the currency of the permit voluntarily unemployed, not self-sufficient and outside the qualifications for the issue of such a permit, did that person by reason only of her possession of the permit, remain during that time someone who ‘resided legally’ in the host Member State for the purpose of later acquiring a permanent right of residence under art 16(1) of Directive 2004/38”

(ii) “If five years’ continuous residence as a worker prior to 30 April 2006 does not qualify to give rise to the permanent right of residence created by art 16(1) of Directive 2004/38, does such continuous residence as a worker give rise to a permanent right of residence directly pursuant to art 18(1) of the EU Treaty on the grounds that there is a lacuna in the Directive?”

Issue: 7381 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll