Source: All England Reporter
Publisher Citation: [2016] All ER (D) 91 (Mar)
Court: Court of Justice of the European Union (Grand Chamber)

Judges Lenaerts (President), Ilešic, Bay Larsen (Rapporteur), von Danwitz, Toader, Šváby, Biltgen and Lycourgos (Presidents of Chambers), Rosas, Juhász, Borg Barthet, Safjan, Berger, Prechal and Jürimäe

Judgment Dates: 1 March 2016


European Union - Freedom of movement - Persons - Restriction on freedom - German national legislation imposing residence conditions on asylum seekers who were beneficiaries of subsidiary protection status - Beneficiaries challenging imposition of residence conditions on them - Interpretation of relevant provisions of EU law - , arts 29, 33.

The Case

European Union Freedom of movement. The Court of Justice of the European Union gave a preliminary ruling, deciding, among other things, that of Directive 2011-95-EU had to be interpreted as meaning that a residence condition imposed on a beneficiary of subsidiary protection status, such as the conditions at issue in the main proceedings, constituted a restriction of the freedom of movement guaranteed by that article, even when it did not prevent the beneficiary from moving freely within the territory of the member state that had granted the protection and from staying on a temporary basis in that territory outside the place designated by the residence condition.

Practice Areas

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