''Hendrix v Raad van Bestuur van het Uitvoeringsinstituut Werknemersverzekeringen'' (2007
C-287/05is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member stat ...
in the European Union.
Facts
Mr Hendrix claimed he should still receive incapacity benefit after he moved from Netherlands to Belgium from the Dutch Board of Directors of the Employee Insurance Institute. He continued to work in the Netherlands. Young people in the Netherlands could get incapacity benefit. This was a non-contributory benefit, reserved for people residing in the Netherlands.
Judgment
The
Court of Justice, Grand Chamber, held that the incapacity benefit was a social advantage under Regulation 492/11. This was a rule specifically expressing the principle in
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 45(2). This meant a residency requirement could be reviewed. In this case it was indirect discrimination, unless it could be justified. It could be justified on the facts.
See also
*
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
Notes
{{reflist, 2
References
*M Dougan, ‘Legal Developments’ (2008) 46 JCMS 127, 137, the CJEU is ‘taking away from the political institutions an appreciable part of their power to decide on important questions of public expenditure and social solidarity.’
Court of Justice of the European Union case law