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Case C-618/16: Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 29 November 2016 — Rafal Prefeta v Secretary of State for Work and Pensions
ECLI:EU:UNKNOWN:62016CN0618
62016CN0618
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Official Journal of the European Union
C 38/14
(Case C-618/16)
(2017/C 038/18)
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: Rafal Prefeta
Defendant: Secretary of State for Work and Pensions
Questions referred
1.Did Annex XII of the Treaty of Accession permit Member States to exclude Polish nationals from the benefits of Article 7(2) of the Workers Regulation (1) and Article 7(3) of the Citizenship Directive (2) where the worker, though he had belatedly complied with the national requirement that his employment be registered, had not yet worked for an uninterrupted registered twelve month period?
2.If the answer to the first question is ‘no,’ may a Polish national worker in the circumstances in question 1 rely on Article 7(3) of the Citizenship Directive which concerns retention of worker status?
(1) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (Text with EEA relevance)
OJ 2011 L 141, p. 1
(2) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (Text with EEA relevance)
OJ 2004 L 158, p. 77