Martínez Sala v Freistaat Bayern

An EU citizen lawfully resident in another Member State can rely on the citizenship provisions to claim equal treatment in access to social benefits.

Citation
Case C-85/96, [1998] ECR I-2691
Court
Court of Justice of the European Union
Year
1998
Subject
EU Law
Topic
EU citizenship

Facts

Ms Martínez Sala, a Spanish national, had lived in Germany since the age of 12, and had worked there at various times. She had been given a series of residence permits, but at the time of her claim she did not have a residence permit, although she had not been asked to leave. She applied for a child raising allowance, which was refused because she did not have a residence permit or nationality.

Legal principle

The Court of Justice held that, as a national of a Member State lawfully residing in the territory of another Member State, Ms Martínez Sala came within the scope of the Treaty provisions on European citizenship. She could therefore rely on the prohibition of discrimination on grounds of nationality, now in article 18 of the Treaty on the Functioning of the European Union, in all situations falling within the scope of EU law, including the grant of the allowance. Requiring her to produce a residence permit, when German nationals did not need one, was discrimination.

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