R (Tilianu) v Secretary of State for Work and Pensions
| Jurisdiction | England & Wales |
| Judgment Date | 08 December 2010 |
| Date | 08 December 2010 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Sedley, Lord Justice Moore-Bick and Lord Justice Elias
"Employment" within the meaning of article 7(3)(b) and (c) of EU Directive 2004/38 (OJ April 30, 2004 No L158/77) did not include self-employment with the result that an EU citizen from abroad who was no longer self-employed did not retain the status of worker and had no right of residence.
The Court of Appeal so held in a reserved judgment in dismissing an appeal brought by the claimant, Mr Marian Tilianu, against the decision of Mr Christopher Symons, QC, who, sitting as a deputy Queen's Bench Division judgeUNK ([2010] EWHC 213 (Admin)), found that the claimant did not retain the status of worker or a self-employed person.
Mr Simon Cox and Ms Alison Pickup for the claimant; Mr Jason Coppel and Mr Denis Edwards for the secretary of state.
LORD JUSTICE SEDLEY said that if the claimant retained the status of a self-employed person under article 7(3) he had a right to reside, was not a person from abroad within the meaning of the relevant social security legislation, and would in principle be eligible to claim jobseekers ' allowance.
The contest was as to whether subparagraphs 3(b) and (c) of article 7 included the self-employed. Mr Cox submitted they did and Mr Coppel that they did not.
Mr Coppel founded part of his argument on article 17 which provided...
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