21.5.2011

Official Journal of the European Union

C 152/18

(Case C-148/11)

2011/C 152/32

Language of the case: English

Referring court

Parties to the main proceedings

Applicant: Secretary of State for Work and Pensions

Defendant: Margita Punakova

Questions referred

In circumstances where a claimant:

(a)is a citizen of the Czech Republic;

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

(c)remained here following accession;

(d)thereafter established herself in self-employment under Article 49 TFEU (ex. Article 43 TEC);

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

(f)is the primary carer of a child who entered general education while she was established in self-employment,

does the claimant have a right to reside in the United Kingdom on the basis that:

(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; or

(d)some other basis?

OJ L 257, p. 2