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.

Citation
Case 53/81, [1982] ECR 1035
Court
Court of Justice of the European Union
Year
1982
Subject
EU Law
Topic
Free movement of workers

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.

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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.

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