Judgment of the Court of 3 June 1986. - R. H. Kempf v Staatssecretaris van Justitie. - Reference for a preliminary ruling: Raad van State - Netherlands. - Freedom of movement for workers - Concept of worker. - Case 139/85.
European Court reports 1986 Page 01741
Swedish special edition Page 00629
Finnish special edition Page 00655
Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part
Keywords
FREEDOM OF MOVEMENT FOR PERSONS - WORKER - CONCEPT - BROAD INTERPRETATION - PURSUIT OF EFFECTIVE AND GENUINE ACTIVITIES AS AN EMPLOYED PERSON - CLAIM FOR FINANCIAL ASSISTANCE PAYABLE OUT OF PUBLIC FUNDS - IRRELEVANT
( EEC TREATY , ART . 48 )
Summary
THE TERMS ' WORKER ' AND ' ACTIVITY AS AN EMPLOYED PERSON ' DEFINE THE SPHERE OF APPLICATION OF ONE OF THE FUNDAMENTAL FREEDOMS GUARANTEED BY THE TREATY AND FOR THAT REASON MUST BE GIVEN A BROAD INTERPRETATION ; EXCEPTIONS TO AND DEROGATIONS FROM THE PRINCIPLE OF FREEDOM OF MOVEMENT FOR WORKERS , ON THE OTHER HAND , MUST BE INTERPRETED STRICTLY .
ACCORDINGLY , WHERE A NATIONAL OF A MEMBER STATE PURSUES AS AN EMPLOYED PERSON WITHIN THE TERRITORY OF ANOTHER MEMBER STATE ACTIVITIES WHICH MAY IN THEMSELVES BE REGARDED AS EFFECTIVE AND GENUINE WORK , THE FACT THAT HE CLAIMS FINANCIAL ASSISTANCE PAYABLE OUT OF THE PUBLIC FUNDS OF THE LATTER MEMBER STATE IN ORDER TO SUPPLEMENT THE INCOME HE RECEIVES FROM THOSE ACTIVITIES DOES NOT EXCLUDE HIM FROM THE PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS .
Parties
IN CASE 139/85
REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE RAAD VAN STATE ( STATE COUNCIL ), THE HAGUE , FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN
R . H . KEMPF
AND
STAATSSECRETARIS VAN JUSTITIE ( SECRETARY OF STATE FOR JUSTICE )
Subject of the case
ON THE INTERPRETATION OF CERTAIN PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS ,
Grounds
1 BY AN INTERLOCUTORY JUDGMENT OF 23 APRIL 1985 , WHICH WAS RECEIVED AT THE COURT ON 9 MAY 1985 , THE RAAD VAN STATE OF THE NETHERLANDS REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION ON THE INTERPRETATION OF THE PROVISIONS OF COMMUNITY LAW RELATING TO FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY .
2 THE PLAINTIFF IN THE MAIN ACTION , MR R . H . KEMPF , A GERMAN NATIONAL , ENTERED THE NETHERLANDS ON 1 SEPTEMBER 1981 AND WORKED THERE AS A PART-TIME MUSIC TEACHER GIVING 12 LESSONS A WEEK FROM 26 OCTOBER 1981 TO 14 JULY 1982 ; AT THE END OF THAT PERIOD THE GROSS WAGES HE WAS RECEIVING FOR THAT WORK AMOUNTED TO HFL 984 PER MONTH . IN THE SAME PERIOD HE APPLIED FOR AND RECEIVED SUPPLEMENTARY BENEFIT UNDER THE WET WERKLOOSHEIDSVOORZIENING ( LAW ON UNEMPLOYMENT BENEFIT ). BENEFITS UNDER THAT LAW , WHICH COME OUT OF PUBLIC