![]() For the purposes of paragraphs 1 and 2, the worker must have available for his family housing considered as normal for national workers in the region where he is employed this provision, however, must not give rise to discrimination between national workers and workers from the other Member States.’Ĥ. Member States shall facilitate the admission of any member of the family not coming within the provisions of paragraph 1 if dependent on the worker referred to above or living under his roof in the country whence he comes.ģ. (b) dependent relatives in the ascending line of the worker and his spouse.Ģ. (a) his spouse and their descendants who are under the age of 21 years or are dependants The following shall, irrespective of their nationality, have the right to install themselves with a worker who is a national of one Member State and who is employed in the territory of another Member State: Article 10 of Regulation No 1612/68 prior to its repeal by Directive 2004/38 provided: The Court of Appeal seeks guidance, inter alia, on whether Ms Ibrahim and her children have a right of residence under Directive 2004/38 or under Article 12 of Regulation No 1612/68 and if so, whether they must have access to sufficient resources so as not to become a burden on the United Kingdom social assistance system during their proposed period of residence and have comprehensive sickness insurance cover in that Member State.ģ. In accordance with United Kingdom law, Ms Ibrahim is not entitled to housing assistance if she does not have a right of residence in that Member State pursuant to Community law. The Secretary of State for the Home Department (the ‘Secretary of State’) is an intervener in the proceedings in question. Ms Ibrahim and her children are not self-sufficient and are dependent upon social assistance in the United Kingdom. The questions were raised in proceedings between Ms Nimco Hassan Ibrahim, a third-country national who is married to a Danish national who previously worked in the United Kingdom and has school-going children who are Danish nationals, and the London Borough of Harrow (the ‘Borough’) concerning Ms Ibrahim’s eligibility for housing assistance in the United Kingdom. In the present case the Court of Appeal (England and Wales) (Civil Division) (United Kingdom) referred to the Court for a preliminary ruling under Article 234 EC three questions on the interpretation of Article 12 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (2) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC. (3)Ģ. Opinion of the Advocate-General Opinion of the Advocate-Generalġ. ![]() Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.įreedom of movement for persons - Right of residence of a national of a non-member country who is the spouse of a national of a Member State, and of their children who are themselves nationals of a Member State - National of a Member State ceasing to work and leaving the host Member State - Enrolment of the children at a school - No means of subsistence - Regulation (EEC) No 1612/68 - Article 12 - Directive 2004/38. London Borough of Harrow v Nimco Hassan Ibrahim and Secretary of State for the Home Department. Opinion of Mr Advocate General Mazák delivered on 20 October 2009. # Freedom of movement for persons - Right of residence of a national of a non-member country who is the spouse of a national of a Member State, and of their children who are themselves nationals of a Member State - National of a Member State ceasing to work and leaving the host Member State - Enrolment of the children at a school - No means of subsistence - Regulation (EEC) No 1612/68 - Article 12 - Directive 2004/38. # Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom. ![]() # London Borough of Harrow v Nimco Hassan Ibrahim and Secretary of State for the Home Department.
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