Kempf v Staatssecretaris van Justitie

A part time worker who needs to rely on social assistance to supplement his income is still a worker, as long as the work is effective and genuine.

Citation
Case 139/85, [1986] ECR 1741
Court
Court of Justice of the European Union
Year
1986
Subject
EU Law
Topic
Free movement of workers

Facts

Mr Kempf, a German national, worked as a part time music teacher in the Netherlands, giving 12 lessons a week. His income was so low that he received supplementary benefits from public funds. He was refused a residence permit, on the ground that he was not a worker, because he could not support himself from his earnings.

Legal principle

The Court of Justice held that Mr Kempf was a worker. It said that a person in effective and genuine part time employment cannot be excluded from the scope of the rules on free movement of workers merely because the remuneration he derives from it is below the minimum level of subsistence and he seeks to supplement it by other lawful means of subsistence. It is irrelevant whether those supplementary means are derived from property or from the employment of a member of his family, or from financial assistance drawn from the public funds of the host Member State.

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