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Cristina Stamatescu 

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  • Successfully fighting for rights of EU nationals at all levels of Jurisdiction, including representation before the CJEU (C-322-2017 and C-483-2017);

 

JUDGMENT OF THE COURT (Third Chamber)

11 April 2019 (*)

(Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement for persons — Directive 2004/38/EC — Right of free movement and residence within the territory of the Member States — Article 7(1)(a) — Employees and self-employed persons — Article 7(3)(c) — Right of residence for more than three months — National of a Member State who has worked in an employed capacity in another Member State for a period of two weeks — Involuntary unemployment — Retention of the status of worker for no less than six months — Entitlement to jobseeker’s allowance)

In Case C‑483/17,

REQUEST for a preliminary ruling under Article 267 TFEU from the Court of Appeal (Ireland), made by decision of 2 August 2017, received at the Court on 9 August 2017, in the proceedings

Neculai Tarola

v

Minister for Social Protection,

THE COURT (Third Chamber),

composed of M. Vilaras (Rapporteur), President of the Fourth Chamber, acting as President of the Third Chamber, J. Malenovský, L. Bay Larsen, M. Safjan and D. Šváby, Judges,

Advocate General: M. Szpunar,

Registrar: L. Hewlett, Principal Administrator,

having regard to the written procedure and further to the hearing on 6 September 2018,

after considering the observations submitted on behalf of:

–        Mr Tarola, by C. Stamatescu, Solicitor and D. Shortall, Barrister-at-Law,

–        Ireland, by M. Browne, G. Hodge, A. Joyce and M. Tierney, acting as Agents, and by E. Barrington, Senior Counsel, and D. Dodd, Barrister-at-Law,

–        the Czech Government, by M. Smolek, J. Pavliš and J. Vláčil, acting as Agents,

–        the Danish Government, by P.Z.L. Ngo, acting as Agent,

–        the German Government, by D. Klebs, acting as Agent,

–        the French Government, by D. Colas and R. Coesme, acting as Agents,

–        the European Commission, by E. Montaguti, M. Kellerbauer and J. Tomkin, acting as Agents,

after hearing the Opinion of the Advocate General at the sitting on 15 November 2018,

gives the following:

​

On those grounds, the Court (Third Chamber) hereby rules:

​

Article 7(1)(a) and (3)(c) of 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 must be interpreted as meaning that a national of a Member State who, having exercised his right to free movement, acquired, in another Member State, the status of worker within the meaning of Article 7(1)(a) of that directive, on account of the activity he pursued there for a period of two weeks, otherwise than under a fixed-term employment contract, before becoming involuntarily unemployed, retains the status of worker for a further period of no less than six months under those provisions, provided that he has registered as a jobseeker with the relevant employment office."

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  • Successful before the Court of Appeal - Constitutionality challenge ("An Irish child is entitled to child benefit despite her mother not having residency status in Ireland, a court has ruled." ..." the Court of Appeal found the provisions of the Social Welfare Act, which prevented payment of child benefit to the girl until her mother was granted residency, was unconstitutional." - Independent.ie); - under appeal before the Supreme Court 

  • Extensive experience and specialised in EU law, Immigration law, International Protection law, Family law and Injuries Board claims - Plaintiff;

  • Commissioner for Oaths - 2012;

  • Admitted to the Law Society of Ireland - January 2013;

  • Admitted to the Law Society of England and Wales - July 2018;

  • Notary Public: December 2018 to date;

  • Member of the Human Rights and Equality Committee of the Law Society of Ireland 2018 to date

  • Sole Practitioner of Cristina Stamatescu Solicitors: June 2013 to date;

  • Follow Cristina on Facebook @CristinaStamatescuSolicitors or LinkedIn for updates.

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