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European Observer on fundamental right's respect

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Case Law C-212/05 (18/07/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 07/18/2007

Subject: A national of a Member State who, while maintaining his employment in that State, has transferred his residence to another Member State and has since then carried on his occupation as a frontier worker can claim the status of migrant worker for the purposes of Regulation No 1612/68, on freedom of movement for workers within the Community. Community Law precludes the spouse of this migrant worker carrying on an occupation in one Member State, who is resident in another Member State, from being refused a German child-raising allowance, because she did not have either her permanent or ordinary residence in Germany, if this allowance constitutes a social advantage within the meaning of Article 7(2) of Regulation No 1612/68. It would establish an indirect discrimination against workers who do not live in Germany and who carry on in Germany an occupation of a more than minor extent.

Parties: Gertraud Hartmann c/ Freistaat Bayern

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 34 Social security

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