''Sala v Freistaat Bayern'' (1998
C-85/96is an
EU law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
case, concerning the
free movement of citizens in the European Union.
Facts
Maria Martinez Sala, a Spanish national, lived in
Germany
Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
since 1968, age 12. She had various residence permits. They expired. She had applied for an extension. She had a baby in 1993 and applied for child allowance. She was turned down because she did not have German nationality, a residence entitlement, or a residence permit. If she had been working she would have got a benefit under Regulation 492/11 art 7(2).
Judgment
The Court of Justice held that Ms Sala should have got the allowance, because it was discriminatory to require an EU citizen produce a residence permit which the national did not need to provide.
See also
*
European Union law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
Notes
{{reflist, 2
References
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Court of Justice of the European Union case law
Freedom of movement