21.5.2011

Official Journal of the European Union

C 152/17

(Case C-147/11)

2011/C 152/31

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Secretary of State for Work and Pensions

Defendant: Lucja Czop

Questions referred

In circumstances where a claimant:

(a)is a citizen of Poland;

(b)came to the United Kingdom before her country acceded to the EU;

(c)established herself in self-employment within the meaning of Article 49 TFEU (ex Article 43 TEC);

(d)remained here, and continued in self-employment, following accession;

(e)is no longer in self-employment; and

(f)is the primary carer of a child who came to the United Kingdom and entered general education after accession and after she ceased to be established in self-employment,

does the claimant have a right to reside in the United Kingdom on the basis that (individually or cumulatively):

(a)Regulation 1612/68 applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091, London Borough of Harrow v Ibrahim (Case C-310/08) and Teixeira v London Borough of Lambeth (Case C-480/08);

(b)there is a general principle of EU law that equates the position of workers and the self-employed;

(c)it would impede or deter the freedom of establishment if the claimant did not have a right to reside?

Language of the case: English

OJ L 257, p. 2