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Neutral Citation Number: 2014 UKUT 573 AAC
Reported Number:
File Number: CPC 4072 2013
Appellant:
Respondent:
Judge/Commissioner: Judge C G Ward
Date Of Decision: 31/12/2014
Date Added: 11/02/2015
Main Category: European Union law
Main Subcategory: free movement
Secondary Category: European Union law
Secondary Subcategory: free movement
Notes: In the light of the CJEU's decision in C-456/12 O and B, the requirement of reg 9 of the Immigration (EEA) Regs for "residence" would not be satisfied by mere presence as a worker and is a judgement of fact and degree. Whether someone is a "worker" for EU purposes requires an overall assessment ( cf. C-413/01 Ninni- Orasche). The absence of any benefit to the person performing the services - whether or not in cash terms - is a material factor.
Decision(s) to Download: CPC 4072 2013-00.doc CPC 4072 2013-00.doc