Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 04/01/2008

Subject: In reference to a preliminary ruling by the Cour d’arbitrage, the Court of Justice ruled that legislation of a federated entity of a Member State, such as that governing the care insurance scheme, limiting affiliation to a social security scheme and entitlement to the benefits provided by that scheme to persons either residing in the territory coming within that entity’s competence or pursuing an activity in that territory but residing in another Member State, is contrary to Articles 39 EC and 43 EC, in so far as such limitation affects nationals of other Member States or nationals of the Member State concerned. The Court affirmed that this mesure is capable of hindering or rendering less attractive the exercise by Community nationals of the freedom of movement for workers and of freedom of establishment. The Court has consistently held that a Member State cannot plead provisions, including those resulting from the constitutional organisation of that State, to justify the failure to observe obligations arising under Community law.

Parties: Governo della Comunità francese, Governo Vallone c/ Governo Fiammingo

Classification: Freedoms - Art. 15 Right of establishment - Solidarity - Art. 34 Social security - Citizens’ rights - Art. 45 Freedom of movement

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