''Grzelczyk v Centre Public d'Aide Sociale d'Ottignies-Louvain-la-Neuve'' (2001
C-184/99is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of citizens
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
in the European Union.
Facts
Rudy Grzelczyk was French, studying in
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
, and supporting himself for 3 years of study. Directive 93/96 article 1, now the
Citizens Rights Directive
The Citizens’ Rights Directive 2004/38/EC (also sometimes called the "Free Movement Directive") defines the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) a ...
article 7(1)(c) required this. He applied for a minimum income, or "minimex" to fund the fourth and final year from CPAS. He was refused for not being Belgian. He was not a worker, but claimed he had a right as an EU citizen resident under TFEU art 21 and as a student under the Students Directive 93/96. This, however, required (now CRD art 7(1)(c)) that he had sufficient resources.
Judgment
The Court of Justice, Grand Chamber, held that Grzelczyk was entitled to the minimex. Although CRD art 7(1)(c) required a student to have sufficient resources, there was no requirement to preclude students receiving social security. TFEU art 21 with art 18 precluded the Belgian law discriminating against Grzelczyk.
"Union citizenship is destined to be the fundamental status of nationals of the Member States, enabling those who find themselves in the same situation to enjoy the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for."
See also
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European Union law
Notes
References
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{{DEFAULTSORT:Grzelczyk v Centre Public d'Aide Sociale d'Ottignies-Louvain-la-Neuve
Court of Justice of the European Union case law