''Sala v Freistaat Bayern'' (1998
C-85/96is 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
Maria Martinez Sala, a Spanish national, lived in
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
since 1968, age 12. She had various residence permits. They expired. She had applied for an extension. She had a baby in 1993 and applied for child allowance. She was turned down because she did not have German nationality, a residence entitlement, or a residence permit. If she had been working she would have got a benefit under Regulation 492/11 art 7(2).
Judgment
The Court of Justice held that Ms Sala should have got the allowance, because it was discriminatory to require an EU citizen produce a residence permit which the national did not need to provide.
See also
*
European Union law
Notes
{{reflist, 2
References
*
Court of Justice of the European Union case law
Freedom of movement