Danielle Roux v Belgian State. (Freedom of movement for persons) [1991] EUECJ C-363/89 (5 February 1991)

Danielle Roux v Belgian State. (Freedom of movement for persons) [1991] EUECJ C-363/89 (5 February 1991)

Prior registration in a social security scheme cannot be imposed as a condition for obtaining residence rights or permits under EU law; Member States must issue residence permits to nationals carrying on economic activity regardless of classification or compliance with social legislation.

Citation
[1991] EUECJ C-363/89
Parties
Applicant: Danielle Roux; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
05 February 1991
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued; Member States cannot impose prior social security registration as a condition for residence rights or permits.
Legal Topics
Freedom of Movement for Workers, Right of Establishment, Residence Permits, Social Security Registration, Public Policy Exceptions
European Union Law Immigration Law Freedom of Movement for Workers Right of Establishment Residence Permits Social Security Registration Public Policy Exceptions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Danielle Roux

Applicant

Belgian State

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether prior registration in a social security scheme is a condition for residence rights under EU law
  2. 2 Whether Member States can require only social security registration as proof for residence permits
  3. 3 Whether classification of economic activity affects entitlement to residence permits

Ratio Decidendi

Prior registration in a social security scheme cannot be imposed as a condition for obtaining residence rights or permits under EU law; Member States must issue residence permits to nationals carrying on economic activity regardless of classification or compliance with social legislation.

Court Disposition

Preliminary ruling issued; Member States cannot impose prior social security registration as a condition for residence rights or permits.

Orders

  • Member States must not require prior registration in a social security scheme as a condition for residence or establishment permits.
  • Member States must accept any appropriate evidence of economic activity for residence permits.