Facts
- Ms Levin, a British national, lived in the Netherlands with her husband.
- She was employed part-time and earned less than the Dutch minimum subsistence level.
- Dutch authorities denied her a residence permit because she did not meet the Dutch definition of "worker."
- Ms Levin argued that this denial violated her free movement rights under Article 45 TFEU.
Issues
- Whether the definition of "worker" in Article 45 TFEU is governed by EU (Community) law or national law.
- Whether individuals engaged in part-time or low-paid work qualify as "workers" for free movement rights under EU law.
- Whether Member States may restrict free movement rights based on minimum income thresholds or working hour requirements.
Decision
- The ECJ held that "worker" is a concept defined by Community law, not national law.
- Any person performing services for and under the direction of another for remuneration qualifies as a "worker," regardless of the income level or number of hours worked.
- National rules excluding individuals based on income or working hours are unlawful.
- Only genuine and effective employment, as opposed to marginal or ancillary activities, confers "worker" status under Article 45 TFEU.
- Member States cannot condition free movement rights on economic or subjective criteria such as minimum income thresholds.
- Anti-abuse provisions may be used only if the employment is not genuine or effective.
Legal Principles
- The notion of "worker" in Article 45 TFEU is broad, uniform, and determined by EU law.
- Genuine and effective employment suffices for "worker" status even if the work is part-time or low-paid.
- Member States are prohibited from restricting free movement based on the economic value of the employment.
- Activities that are marginal or ancillary do not amount to "worker" status.
- Anti-abuse measures may be applied to situations involving non-genuine or ineffective work.
Conclusion
The ECJ concluded that anyone engaged in genuine and effective part-time or low-paid work is a "worker" under Article 45 TFEU, making national restrictions based on income or hours contrary to EU law.