Levin v Staatssecretaris van Justitie
A part time worker is a worker for the purposes of EU law, as long as the work is effective and genuine and not marginal and ancillary, whatever the worker's motives.
Facts
Mrs Levin, a British national, lived in the Netherlands with her husband, who was not an EU national. She was refused a residence permit because she was not in gainful employment. She then took a part time job as a chambermaid, but her earnings were less than the minimum wage in the Netherlands. The Dutch authorities argued that she was not a worker, and that she had taken the job only in order to obtain a residence permit for herself and her husband.
Legal principle
The Court of Justice held that the concept of worker has an EU meaning and must be interpreted broadly. It covers part time workers whose earnings are below the minimum wage, provided that they pursue an activity which is effective and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary. The worker's motives for taking up the work are irrelevant, as long as the work is genuine.
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
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