| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 57 (Sep) |
| Court: | Court of Justice of the European Communities |
| Judge: | Judges Rodríguez Iglesias (President), Gulmann, Wathelet and Skouris (Presidents of Chambers), Edward (Rapporteur), Jann, Sevón, Schintgen and Macken |
| Judgment Dates: | 20 September 2001 |
Catchwords
European Community - Citizenship - Right of residence for students - National legislation providing for the minimum means of subsistence solely for nationals and those to whom Community regulation applying - Foreign student applying for minimum means of subsistence - National authorities refusing student - Whether Community law precluding entitlement to benefit from being made conditional on residence or falling within scope of Community regulation - Council Regulation (EEC) 1612/68 - Council Directive (EC) 93/96 - EC Treaty, arts 6, 8 (now arts 12 EC, 17 EC).
The Case
Articles 6 and 8 of the ECTreaty (now arts12EC and 17EC) precluded entitlement to a non-contributory social benefit, such as the minimex, from being made conditional, in the case of nationals of member states other than the host state where they were legally resident, on their falling within the scope of Council Regulation (EEC) 1612-68 (on freedom of movement for workers within the Community), when no such condition applied to nationals of other member states.
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