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European law

09 November 2012
Issue: 7537 / Categories: Case law , Law digest , In Court
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Saint Prix v Secretary of State for Work and Pensions [2012] UKSC 49, [2012] All ER (D) 327 (Oct)

The following questions would be referred to the Court of Justice of the EU: (i) was the right of residence conferred upon a “worker” in Art 7 of the Directive to be interpreted as applying only to those (a) in an existing employment relationship; (b) (at least in some circumstances) seeking work; or (c) covered by the extensions in Art 7(3), or was the Article to be interpreted as not precluding the recognition of further persons who remained “workers” for that purpose; and (ii)(a) if the latter, did it extend to a woman who reasonably gave up work, or seeking work, because of the physical constraints of the late stages of pregnancy (and the aftermath of childbirth); (b) If so, was she entitled to the benefit of the national law’s definition of when it was reasonable for her to do so.

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