Levin v Staatssecretaris [1982] ECR 1035

Facts

• Ms Levin, a British national, lived in the Netherlands with her husband.
• She was employed part-time and earned less than the Dutch minimum subsistence level.
• Dutch authorities denied her a residence permit because she did not meet the Dutch definition of "worker."
• Ms Levin argued that this denial violated her free movement rights under Article 45 TFEU.

Issues

1. Whether the definition of "worker" in Article 45 TFEU is governed by EU (Community) law or national law.
2. Whether individuals engaged in part-time or low-paid work qualify as "workers" for free movement rights under EU law.
3. Whether Member States may restrict free movement rights based on minimum income thresholds or working hour requirements.

Decision

• The ECJ held that "worker" is a concept defined by Community law, not national law.
• Any person performing services for and under the direction of another for remuneration qualifies as a "worker," regardless of the income level or number of hours worked.
• National rules excluding individuals based on income or working hours are unlawful.
• Only genuine and effective employment, as opposed to marginal or ancillary activities, confers "worker" status under Article 45 TFEU.
• Member States cannot condition free movement rights on economic or subjective criteria such as minimum income thresholds.
• Anti-abuse provisions may be used only if the employment is not genuine or effective.

Legal Principles

• The notion of "worker" in Article 45 TFEU is broad, uniform, and determined by EU law.
• Genuine and effective employment suffices for "worker" status even if the work is part-time or low-paid.
• Member States are prohibited from restricting free movement based on the economic value of the employment.
• Activities that are marginal or ancillary do not amount to "worker" status.
• Anti-abuse measures may be applied to situations involving non-genuine or ineffective work.

Conclusion

The ECJ concluded that anyone engaged in genuine and effective part-time or low-paid work is a "worker" under Article 45 TFEU, making national restrictions based on income or hours contrary to EU law.