CELEX: 62011CN0147
Language: en
Date: 2011-03-25 00:00:00
Title: Case C-147/11: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop

21.5.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 152/17
            
         Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop
   (Case C-147/11)
   2011/C 152/31
   Language of the case: English
   
      Referring court
   
   Upper Tribunal
   
      Parties to the main proceedings
   
   
      Applicant: Secretary of State for Work and Pensions
   
      Defendant: Lucja Czop
   
      Questions referred
   
   In circumstances where a claimant:
   
               (a)
            
            
               is a citizen of Poland;
            
         
               (b)
            
            
               came to the United Kingdom before her country acceded to the EU;
            
         
               (c)
            
            
               established herself in self-employment within the meaning of Article 49 TFEU (ex Article 43 TEC);
            
         
               (d)
            
            
               remained here, and continued in self-employment, following accession;
            
         
               (e)
            
            
               is no longer in self-employment; and
            
         
               (f)
            
            
               is the primary carer of a child who came to the United Kingdom and entered general education after accession and after she ceased to be established in self-employment,
            
         does the claimant have a right to reside in the United Kingdom on the basis that (individually or cumulatively):
   
               (a)
            
            
               Regulation 1612/68 (1) applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091, London Borough of Harrow v Ibrahim (Case C-310/08) and Teixeira v London Borough of Lambeth (Case C-480/08);
            
         
               (b)
            
            
               there is a general principle of EU law that equates the position of workers and the self-employed;
            
         
               (c)
            
            
               it would impede or deter the freedom of establishment if the claimant did not have a right to reside?
            
         
      (1)  OJ L 257, p. 2