Secretary of State for Work and Pensions v Lassal (C-162/09)
| Jurisdiction | England & Wales |
| Judge | Lady Justice Arden |
| Judgment Date | 10 March 2009 |
| Neutral Citation | [2009] EWCA Civ 157 |
| Date | 10 March 2009 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | Case No: C3/2008/1924 |
[2009] EWCA Civ 157
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
SOCIAL SECURITY COMMISSIONER JACOBS
Before : Lord Justice Waller
Vice President of the Court of Appeal, Civil Division
Lady Justice Arden
and
Lord Justice Moore-Bick
Case No: C3/2008/1924
Ms Emma Dixon (instructed by Messrs Dwp Litigation) for the Appellant
Mr Richard Drabble QC & Mr R. Turney (instructed by The Child Poverty Action Group) for the Intervener
The respondent did not appear
Hearing date : 11 February 2009
Approved Judgment
Lady Justice Arden:
This is the judgment of the Court setting out in summary our reasons for deciding to refer questions to the Court of Justice for the European Communities (the Court of Justice) on the interpretation of Directive 2004/38/EC (“the Citizenship Directive”), and our views on the questions so referred.
Miss Lassal, a French national, made a claim on 20 November 2006 for income support. She had resided in the United Kingdom as a worker since September 1999, save for ten months commencing February 2005 when she returned to France for personal reasons. Under national law, she must show that she has a right to permanent residence under art 16 of the Citizenship Directive. The Secretary of State for Work and Pensions (“the SSWP”) appeals from Social Security Commissioner Jacobs, who upheld her claim. The SSWP contend that she had not acquired a permanent right to reside in the United Kingdom because she had not completed five years' continuous residence on or after 30 April 2006, the UK implementation date for the Citizenship Directive.
The SSWP argues that the new right of permanent residence which art 16 confers applies only where a person has completed five years' continuous residence on or after the implementation date. The SSWP fears that, if a person can qualify under art 16 through residence wholly before the implementation date, art 16(4) would not apply. If art 16(4) does not apply, she could acquire permanent residence even if, subsequent to completion of five years' continuous residence, she had been outside the United Kingdom for two years or more. We would reject the SSWP's interpretation of art 16. The object of the Citizenship...
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