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Document 62011CN0147
Case C-147/11: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop
Case C-147/11: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop
Case C-147/11: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop
OJ C 152, 21.5.2011, p. 17–17
(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 152/17 |
Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Lucja Czop
(Case C-147/11)
2011/C 152/31
Language of the case: English
Referring court
Upper Tribunal
Parties to the main proceedings
Applicant: Secretary of State for Work and Pensions
Defendant: Lucja Czop
Questions referred
In circumstances where a claimant:
(a) |
is a citizen of Poland; |
(b) |
came to the United Kingdom before her country acceded to the EU; |
(c) |
established herself in self-employment within the meaning of Article 49 TFEU (ex Article 43 TEC); |
(d) |
remained here, and continued in self-employment, following accession; |
(e) |
is no longer in self-employment; and |
(f) |
is the primary carer of a child who came to the United Kingdom and entered general education after accession and after she ceased to be established in self-employment, |
does the claimant have a right to reside in the United Kingdom on the basis that (individually or cumulatively):
(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? |
(1) OJ L 257, p. 2