CELEX: 62016CA0442
Language: en
Date: 2017-12-20 00:00:00
Title: Case C-442/16: Judgment of the Court (Fifth Chamber) of 20 December 2017 (request for a preliminary ruling from the Court of Appeal — Ireland) — Florea Gusa v Minister for Social Protection, Ireland, Attorney General (Reference for a preliminary ruling — Directive 2004/38/EC — Person no longer working in a self-employed capacity — Retention of the status of self-employed person — Right of residence — Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member State)

26.2.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/20
            
         Judgment of the Court (Fifth Chamber) of 20 December 2017 (request for a preliminary ruling from the Court of Appeal — Ireland) — Florea Gusa v Minister for Social Protection, Ireland, Attorney General
   (Case C-442/16) (1)
   
   ((Reference for a preliminary ruling - Directive 2004/38/EC - Person no longer working in a self-employed capacity - Retention of the status of self-employed person - Right of residence - Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member State))
   (2018/C 072/26)
   Language of the case: English
   
      Referring court
   
   Court of Appeal
   
      Parties to the main proceedings
   
   
      Appellant: Florea Gusa
   
      Respondents: Minister for Social Protection, Ireland, Attorney General
   
      Operative part of the judgment
   
   Article 7(3)(b) 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 retains the status of self-employed person for the purposes of Article 7(1)(a) of that directive where, after having lawfully resided in and worked as a self-employed person in another Member State for approximately four years, that national has ceased that activity, because of a duly recorded absence of work owing to reasons beyond his control, and has registered as a jobseeker with the relevant employment office of the latter Member State.
   
      (1)  OJ C 383, 17.10.2016.