Source: All England Reporter
Publisher Citation: [2009] All ER (D) 90 (Aug)
Neutral Citation: [2009] EWHC 2534 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Ouseley J (Judgment delivered extempore)

Representation Simon Cox (instructed by Harvey Son & Filby) for the claimants.
  Paul Greatorex (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 12 August 2009


European community - Freedom of establishment - Companies and firms - Rights of third country nationals - Directors of companies established in European Union but with no United Kingdom base - Applications being made for EU residence cards on basis that companies requiring directors to work in UK - Secretary of State refusing applications - Whether restriction on companies' freedom to establish base in UK - Whether restriction on directors' 'derivative rights' - EC Treaty, arts 43, 46, 48.

The Case

European community Freedom of establishment. Queen's Bench Division, Administrative Court (London): The court ruled in the instant judicial review that there had been no breach of the claimants' Community law rights by virtue of the decisions of the Secretary of State refusing to issue the individual claimants, the majority of whom were third country nationals, with EU residence cards. Entitlement to live and work in one EU state was a necessary pre-condition for an art43 EC right - the right to freedom of establishment of EU nationals (which included the corporate claimants for present purposes) - to be infringed by the operation of an immigration rule in another member state.

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