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Document 62011CN0148

Case C-148/11: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Margita Punakova

OJ C 152, 21.5.2011, p. 18–18 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

21.5.2011   

EN

Official Journal of the European Union

C 152/18

Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Margita Punakova

(Case C-148/11)

2011/C 152/32

Language of the case: English

Referring court

Upper Tribunal

Parties to the main proceedings

Applicant: Secretary of State for Work and Pensions

Defendant: Margita Punakova

Questions referred

In circumstances where a claimant:

(a)

is a citizen of the Czech Republic;

(b)

came to the United Kingdom before her country acceded to the EU;

(c)

remained here following accession;

(d)

thereafter established herself in self-employment under Article 49 TFEU (ex. Article 43 TEC);

(e)

is no longer in self-employment; and

(f)

is the primary carer of a child who entered general education while she was established in self-employment,

does the claimant have a right to reside in the United Kingdom on the basis that:

(a)

Regulation 1612/68 (1) applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091, London Borough of Harrow v Ibrahim (Case C-310/08) and Teixeira v London Borough of Lambeth (Case C-480/08);

(b)

there is a general principle of EU law that equates the position of workers and the self-employed;

(c)

it would impede or deter the freedom of establishment if the claimant did not have a right to reside; or

(d)

some other basis?

(1)  OJ L 257, p. 2

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