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25.11.2019 |
EN |
Official Journal of the European Union |
C 399/16 |
Judgment of the Court (Fourth Chamber) of 19 September 2019 (request for a preliminary ruling from the Upper Tribunal — United Kingdom) — The Commissioners for Her Majesty’s Revenue and Customs v Henrika Dakneviciute
(Case C-544/18) (1)
(Reference for a preliminary ruling - Article 49 TFEU - Freedom of establishment - Self-employment - National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth - Retention of self-employed status)
(2019/C 399/18)
Language of the case: English
Referring court
Upper Tribunal
Parties to the main proceedings
Applicant: The Commissioners for Her Majesty’s Revenue and Customs
Defendant: Henrika Dakneviciute
Operative part of the judgment
Article 49 TFEU must be interpreted as meaning that a woman who ceases self-employed activity in circumstances where there are physical constraints in the late stages of pregnancy and the aftermath of childbirth retains the status of being self-employed, provided that she returns to the same or another self-employed activity or employment within a reasonable period after the birth of her child.