CELEX: C1999/226/01
Language: en
Date: 1999-08-07 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 8 June 1999 in Case C-337/97 (reference for a preliminary ruling from the Commissie van Beroep Studiefinanciering): C.P.M. Meeusen v Hoofddirectie van de Informatie Beheer Groep (Regulation (EEC) No 1612/68 - Free movement of persons - Concept of 'worker' - Freedom of establishment - Study finance - Discrimination on the ground of nationality - Residence requirement)

7.8.1999                EN                      Official Journal of the European Communities                                              C 226/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1. The fact that a person is related by marriage to the director and
                                                                                 sole shareholder of the company for which he pursues an effective
                          (Fifth Chamber)                                        and genuine activity does not preclude that person from being
                                                                                 classified as a ‘worker’ within the meaning of Article 48 of the
                                                                                 EC Treaty (now, after amendment, Article 39 EC) and of
                           of 8 June 1999                                        Regulation (EEC) No 1612/68 of the Council of 15 October
                                                                                 1968 on freedom of movement for workers within the Com-
in Case C-337/97 (reference for a preliminary ruling from                        munity, so long as he pursues his activity in the context of a
the Commissie van Beroep Studiefinanciering): C.P.M.                             relationship of subordination;
Meeusen v Hoofddirectie van de Informatie Beheer
                              Groep (1)
                                                                             2. The dependent child of a national of one Member State who
(Regulation (EEC) No 1612/68 — Free movement of persons                          pursues an activity as an employed person in another Member
— Concept of ‘worker’ — Freedom of establishment — Study                         State while maintaining his residence in the State of which he is
finance — Discrimination on the ground of nationality —                          a national can rely on Article 7(2) of Regulation No 1612/68
                      Residence requirement)                                     in order to obtain study finance under the same conditions as are
                                                                                 applicable to children of nationals of the State of employment,
                          (1999/C 226/01)                                        and in particular without any further requirement as to the child’s
                                                                                 place of residence;
                    (Language of the case: Dutch)
                                                                             3. The dependent child of a national of one Member State who
(Provisional translation; the definitive translation will be published           pursues an activity as a self-employed person in another Member
                   in the European Court Reports)                                State while maintaining his residence in the State of which he is
                                                                                 a national can obtain study finance under the same conditions as
                                                                                 are applicable to children of nationals of the State of establish-
In Case C-337/97: reference to the Court under Article 234                       ment, and in particular without any further requirement as to the
EC (ex Article 177, from the Commissie van Beroep Studiefin-                     child’s place of residence.
anciering (Study Finance Tribunal) (Netherlands) for a prelimi-
nary ruling in the proceedings pending before that court
between C.P.M. Meeusen and Hoofddirectie van de Informatie
Beheer Groep — on the interpretation of Articles 48 and 52
of the EC Treaty (now, after amendment, Articles 39 EC and
43 EC) and of Article 7 of Regulation (EEC) No 1612/68 of                    (1) OJ C 357 of 22.11.1997.
the Council of 15 October 1968 on freedom of movement for
workers within the Community (OJ, English Special Edition
1968 (II), p. 475) — the Court (Fifth Chamber), composed of:
J.-P. Puissochet, President of the Chamber, P. Jann (Rappor-
teur), J.C. Moitinho de Almeida, C. Gulmann and D.A.O. Ed-
ward, Judges; A. La Pergola, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 8 June 1999, in which it has ruled: