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European Community Law

Some of the primary legislation

Some of our recent notable cases

Secretary of State for Work and Pensions v Maria Dias (2011)
The case concerned the question of to what extent in the context of Article 16 of Directive 2004/38/EC periods of residence which ended before the transposition period for that directive expired on 30 April 2006 are to be taken into account.
ECJ Case C-325/09 21/7/2011
Adrian Berry

Harrow London Borough Council v Ibrahim (2010)
Case concerned Regulation 1612/68 art. 12 and the right to residence of children whose parent is an EU national and is or was employed in that member state.
ECJ Case C-310/08 23/2/10. Reported at [2010] HLR 31
Nicola Rogers

BY v Secretary of State for the Home Department (2008)
The application of EC law to an entry clearance application where national security forms the grounds for exclusion.
[2008] UKSIAC 65/07 7/11/2008
Adrian Berry

Teixeira v London Borough of Lambeth & Anor (2008)
Whether an EEA national who is both a former worker and the primary carer of her children who are in education, is eligible for homelessness assistance. Referred to ECJ.
[2008] EWCA Civ 1088 10/10/2008. Reported at (2009) HLR 9

GC (China) v Secretary of State for the Home Department (2008)
The Citizens Directive 2004/38/EC gives no absolute right of residence to a person not himself a national of a Member State who is married to a UK national.
[2008] EWCA Civ 623 14/5/2008
Adrian Berry

The Queen, on the app of Veli Tum, Mehmet Dari v SSHD (2007)
Re. EC-Turkey Association Agreement and the standstill rules of establishment. Judgment stated that these should be applicable to rules regarding entry and restrictions could not be used against failed asylum-seekers wishing to enter UK to start a business..
ECJ Case C-16/05 20/9/07. Reported at Immigration Law Update Vol 11 (1) pp.1
Nicola Rogers

Baumbast and R v SSHD, ECJ (2002)
Free movement rights and rights of children of migrant workers
ECJ C-413/99 17/9/02. Reported at [2003] INLR 1
Stephanie Harrison

The Queen v SSHD, ex parte (1) Julius Barkoci (2) Marcel Malik (2001)
Freedom of movement and rights of Czech nationals in the UK
Case C-257/99 27/9/01. Reported at [2002] INLR 152
Laurie Fransman QC

The Queen v SSHD ex parte Kaur (2001)
Who is British for EC purposes
European Court of Justice 20/2/01 C-192/99

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