Tarola -v- Minister for Social Protection [2017] IECA 208 (19 July 2017)

Tarola -v- Minister for Social Protection [2017] IECA 208 (19 July 2017)

The Court found that the interpretation of Article 7(3)(c) of Directive 2004/38/EC is unclear regarding whether a short period of genuine employment (such as two weeks) entitles an EU national to retain 'worker' status for six months and claim social security. Due to the absence of a definitive ruling and the complexity of the issue, the matter should be referred to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2017] IECA 208
Parties
Applicant/appellant: Neculai Tarola; Respondent/respondent: Minister for Social Protection
Jurisdiction
Ireland
Judgment Date
19 July 2017
Procedural Posture
Judicial Review Appeal / Appeal From High Court, Adjourned for Reference to CJEU
Outcome
Appeal adjourned pending reference to the Court of Justice of the European Union.
Legal Topics
Free Movement of Workers, EU Citizenship Rights, Social Security Entitlements, Interpretation of Directive 2004/38/ec, Habitual Residence, Worker Status Under EU Law
European Union Law Social Welfare Law Immigration Law Free Movement of Workers EU Citizenship Rights Social Security Entitlements Interpretation of Directive 2004/38/ec Habitual Residence +1 more

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Parties

Neculai Tarola

Applicant/appellant

Minister for Social Protection

Respondent/respondent

Procedural Posture

Judicial Review Appeal / Appeal From High Court, Adjourned for Reference to CJEU

Legal Issues

  1. 1 Whether a two week period of genuine employment entitles an EU national to retain 'worker' status for six months under Article 7(3)(c) of Directive 2004/38/EC and claim social security benefits in the host state.

Ratio Decidendi

The Court found that the interpretation of Article 7(3)(c) of Directive 2004/38/EC is unclear regarding whether a short period of genuine employment (such as two weeks) entitles an EU national to retain 'worker' status for six months and claim social security. Due to the absence of a definitive ruling and the complexity of the issue, the matter should be referred to the Court of Justice of the European Union for a preliminary ruling.

Court Disposition

Appeal adjourned pending reference to the Court of Justice of the European Union.

Orders

  • The appeal is adjourned to await a preliminary ruling from the CJEU on the interpretation of Article 7(3)(c) of Directive 2004/38/EC.
  • Parties are invited to address the Court on the wording of the draft reference question and any further arising issues.