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Hendrix and Exporting SNCBs

Hendrix and Exporting SNCBs . Lize Glas. Introduction. 1. Facts 2. Reference for a Preliminary Ruling 3. CJEU’s Preliminary Ruling 4. Dutch Court’s Judgment 5. Conclusion . 1. Facts . Disablement Assistance Act for Handicapped Young Persons ( Wajong )

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Hendrix and Exporting SNCBs

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  1. Hendrix and Exporting SNCBs LizeGlas

  2. Introduction • 1. Facts • 2. Reference for a Preliminary Ruling • 3. CJEU’s Preliminary Ruling • 4. Dutch Court’s Judgment • 5. Conclusion

  3. 1. Facts • Disablement Assistance Act for Handicapped Young Persons (Wajong) • ‘entitlement to … shall end … on the first day of the month following that in which the disabled young person took up residence outside [NL]’ (Article 17(1)) • Exception: when ending the entitlement to the benefit would lead to an ‘unacceptable degree of unfairness’ (Article 17(7) • Hendrix’ situation • Moved to Belgium; continued to work in NL • Lost entitlement to the Wajong benefit  • Lost employment in NL

  4. 2. Reference for a Preliminary Ruling • Q1: Possible to rely on Article 39 EC (now 45 TFEU) as implemented by Reg1612/68 (now 883/04) ? • ‘[f]reedom of movement for workers shall be secured within the Union’ • Q2: If so, does Article 39 EC preclude the termination of the payment to a person in Hendrix’ situation of the Wajong because he left NL?

  5. 3. CJEU’s Preliminary Ruling (C-287/05) • Interpret Reg1612/68 (now 883/04) in light of Article 42 EC (now 48 TFEU) • ‘to contribute to the establishment of the greatest possible freedom of movement for workers’ •  Residence requirement only applicable when ‘objectively justified and proportionate to the objective pursued’ • Residence requirement is objectively justified, unless it ‘entails an infringement of the rights [deriving from] the freedom of movement for workers which goes beyond what is required to achieve the legitimate objective pursued by the national legislation’

  6. 4. Dutch Court’s Ruling • Export prohibition not applied to Hendrix’ case because the prohibition constituted a serious obstacle to the right of free movement for workers

  7. 5. Conclusion • Illustration of the importance of general principles of EU law • Illustration of the consequences of general principles of EU law for a concrete case QUESTIONS?

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