Opinion of the Advocate General — ECLI:EU:C:2018:919
Date: 2018-11-15
Language of the case: English
Subject matter: Citizenship of the Union;Right of entry and residence;Free movement of workers
Procedure: Reference for a preliminary ruling
Origin: Ireland

Reference for a preliminary ruling from Court of Appeal (Ireland) made on 9 August 2017 – Neculai Tarola v Minister for Social Protection (Case C-483/17) Language of the case: English Referring court Court of Appeal Parties to the main proceedings Applicant: Neculai Tarola Defendant: Minister for Social Protection Question referred Where a citizen of another EU member state after his first twelve months of exercising his right of free movement arrives in the host state and works (otherwise than for a fixed term contract) for a two week period for which he is remunerated and thereafter becomes involuntarily unemployed, does that citizen thereby retain the status of a worker for no less than a further six months for the purposes of Article 7(3)(c) and Article 7(1)(a) of Directive 2004/38/EC1 such as would entitle him to receive social assistance payments or, as the case may be, social security benefits on the same basis as if he were a resident citizen of the host State? ____________ 1 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, p. 77)