## 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.


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