Case C-483/17: Judgment of the Court (Third Chamber) of 11 April 2019 (request for a preliminary ruling from the Court of Appeal — Ireland) — Neculai Tarola v Minister for Social Protection (Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement for persons — Directive 2004/38/EC — Right of free movement and residence within the territory of the Member States — Article 7(1)(a) — Employees and self-employed persons — Article 7(3)(c) — Right of residence for more than three months — National of a Member State who has worked in an employed capacity in another Member State for a period of two weeks — Involuntary unemployment — Retention of the status of worker for no less than six months — Entitlement to jobseeker’s allowance)
Date: 2019-04-11
Institutions: Court of Justice
Subjects: European citizenship, equal treatment, free movement of persons, freedom of movement, job application, migrant worker, national, self-employed person, social-security benefit, unemployed person








C_2019206EN.01000301.xml










17.6.2019   


EN


Official Journal of the European Union


C 206/3






Judgment of the Court (Third Chamber) of 11 April 2019 (request for a preliminary ruling from the Court of Appeal — Ireland) — Neculai Tarola v Minister for Social Protection
(Case C-483/17) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Freedom of movement for persons - Directive 2004/38/EC - Right of free movement and residence within the territory of the Member States - Article 7(1)(a) - Employees and self-employed persons - Article 7(3)(c) - Right of residence for more than three months - National of a Member State who has worked in an employed capacity in another Member State for a period of two weeks - Involuntary unemployment - Retention of the status of worker for no less than six months - Entitlement to jobseeker’s allowance)
(2019/C 206/03)
Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings


Applicant: Neculai Tarola

Defendant: Minister for Social Protection

Operative part of the judgment

Article 7(1)(a) and (3)(c) of 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 must be interpreted as meaning that a national of a Member State who, having exercised his right to free movement, acquired, in another Member State, the status of worker within the meaning of Article 7(1)(a) of that directive, on account of the activity he pursued there for a period of two weeks, otherwise than under a fixed-term employment contract, before becoming involuntarily unemployed, retains the status of worker for a further period of no less than six months under those provisions, provided that he has registered as a jobseeker with the relevant employment office.
It is for the referring court to determine whether, in accordance with the principle of equal treatment guaranteed in Article 24(1) of Directive 2004/38, that national is, as a result, entitled to receive social assistance payments or, as the case may be, social security benefits on the same basis as if he were a national of the host Member State.


(1)  OJ C 347, 16.10.2017.