Lair v Universität Hannover
A migrant worker who gives up work to study keeps the status of worker, and so is entitled to maintenance grants, if there is a link between the studies and the previous work.
Facts
Ms Lair, a French national, had lived and worked in Germany for several years, with some periods of unemployment. She then began a university course in languages and literature, and applied for a maintenance grant, which was refused because she had not worked in Germany for five years. She argued that she was entitled to equal treatment as a worker.
Legal principle
The Court of Justice held that a person who has been a worker, and who then gives up work to study, retains the status of worker for the purposes of the right to social advantages, such as a maintenance grant, if there is some continuity between the previous occupational activity and the course of study, unless the person became involuntarily unemployed and was obliged by the job market to retrain. Member States could not require a minimum period of prior employment, but they could refuse a grant where the person had taken up work only to obtain the grant.
Related cases on free movement of workers
- Adoui and Cornuaille v Belgium Joined Cases 115/81 and 116/81, [1982] ECR 1665
- Bettray v Staatssecretaris van Justitie Case 344/87, [1989] ECR 1621
- Bonsignore v Oberstadtdirektor der Stadt Köln Case 67/74, [1975] ECR 297
- Collins v Secretary of State for Work and Pensions Case C-138/02, [2004] ECR I-2703
- Commission v Belgium (Public service) Case 149/79, [1980] ECR 3881
- Groener v Minister for Education Case 379/87, [1989] ECR 3967
- Kempf v Staatssecretaris van Justitie Case 139/85, [1986] ECR 1741
- Kraus v Land Baden-Württemberg Case C-19/92, [1993] ECR I-1663
Studying EU Law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
