Antonissen v United Kingdom (Case C-292/89) [1991] ECR I-745

Facts

• Ms. Antonissen, a Belgian national, entered the United Kingdom to seek employment.
• After six months without finding work, she faced deportation by UK authorities.
• The central question was whether a Member State may impose a time limit on a jobseeker’s right of residence if the person is still seeking work and can show genuine efforts to find employment.

Issues

1. Whether Article 48 EEC (now Article 45 TFEU) grants jobseekers an unconditional right to reside in a Member State while seeking employment.
2. Whether Member States may lawfully impose a time limit on jobseekers’ residence and require their departure if employment is not secured within that period.
3. What factors must be considered in determining whether expulsion after a certain period is justified.

Decision

• The ECJ held that Article 48 EEC does not confer an absolute right of residence for jobseekers.
• Member States are permitted to impose a reasonable time limit on jobseekers’ residence for seeking work.
• A jobseeker may be required to leave the Member State if employment has not been found within a reasonable timeframe.
• However, the expulsion cannot be automatic after a fixed period; individual circumstances, efforts to find work, and genuine prospects must be considered.

Legal Principles

• The right to free movement under Article 48 EEC/45 TFEU for jobseekers exists, but it is not unlimited in duration.
• The notion of "reasonable time" for seeking work is relative and must consider individual circumstances.
• Member States must assess the jobseeker's continuing efforts, prospects of success, and type of employment sought before requiring departure.
• National measures must balance the fundamental free movement rights with the legitimate interests of Member States to regulate access to their labor market and social systems.
• Subsequent case law (e.g. Lebon, Collins) and Directive 2004/38/EC have codified and expanded on these principles.

Conclusion

The ECJ in Antonissen established that Member States may require jobseekers to leave if they fail to find employment within a reasonable period, but they must fairly assess individual efforts and prospects, thereby balancing free movement rights with state regulatory interests.