Teixeira v London Borough of Lambeth & Anor

Teixeira v London Borough of Lambeth & Anor

The Court of Appeal determined that the interpretation of Article 12 of Regulation (EEC) 1612/68 and its interaction with Directive 2004/38/EC was not acte claire and required a preliminary ruling from the European Court of Justice. The proceedings are stayed pending that ruling.

Parties
Appellant: Maria Teixeira; First Respondent: London Borough of Lambeth; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
10 October 2008
Procedural Posture
Civil Appeal / Reference to European Court of Justice (preliminary Ruling)
Outcome
Reference to European Court of Justice for preliminary ruling; proceedings stayed.
Legal Topics
Right of Residence, Derivative Rights Under EU Law, Eligibility for Housing Assistance, Interpretation of Regulation (eec) 1612/68, Directive 2004/38/ec
Immigration Law European Union Law Housing Law Right of Residence Derivative Rights Under EU Law Eligibility for Housing Assistance Interpretation of Regulation (eec) 1612/68 Directive 2004/38/ec

Case Brief

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Parties

Maria Teixeira

Appellant

London Borough of Lambeth

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Civil Appeal / Reference to European Court of Justice (preliminary Ruling)

Legal Issues

  1. 1 Whether an EU citizen who is not a worker or self-sufficient but is the primary carer of a child in education has a right of residence derived from Article 12 of Regulation (EEC) 1612/68, independent of Directive 2004/38/EC.
  2. 2 Whether such a right of residence is subject to conditions of self-sufficiency and comprehensive sickness insurance.
  3. 3 Whether the right of residence for the primary carer ceases when the child attains the age of 18.

Ratio Decidendi

The Court of Appeal determined that the interpretation of Article 12 of Regulation (EEC) 1612/68 and its interaction with Directive 2004/38/EC was not acte claire and required a preliminary ruling from the European Court of Justice. The proceedings are stayed pending that ruling.

Court Disposition

Reference to European Court of Justice for preliminary ruling; proceedings stayed.

Orders

  • Questions set out in Annex 1 referred to the European Court of Justice for a preliminary ruling under Article 234 EC.
  • Proceedings stayed until the European Court has given a preliminary ruling or until further order.