Trojani v Centre public d'aide sociale de Bruxelles
December 15, 2023
Trojani v Centre public d'aide sociale de Bruxelles (2004) C-456/02 is an EU law case, concerning the free movement of persons and citizenship in the European Union.
A Salvation Army volunteer, claimed the minimex, the minimum subsistence allowance, from CPAS, the Centre public d'aide sociale de Bruxelles in Belgium. He was French, and went to Belgium in 2000, staying at a camp site in Blankenberge, and then the Jacques Brel youth hostel Brussels. He got accommodation after at the Salvation Army hostel from January 2002. He got board, lodging and pocket money for doing jobs for 30 hours a week, as part of a ‘personal socio-occupational reintegration programme'. CPAS refused because he was not Belgian, and said he could not benefit from the Free Movement of Workers Regulation 1612/68.
Judgmentedit
The Court of Justice, Grand Chamber, held that Mr Trojani would be protected as a worker.
16 Moreover, neither the sui generis nature of the employment relationship under national law, nor the level of productivity of the person concerned, the origin of the funds from which the remuneration is paid or the limited amount of the remuneration can have any consequence in regard to whether or not the person is a worker for the purposes of Community law (see Case 53/81 Levin [1982] ECR 1035, paragraph 16; Case 344/87 Bettray [1989] ECR 1621, paragraphs 15 and 16; and Case C-188/00 Kurz [2002] ECR I-10691, paragraph 32).
20 In the present case, as is apparent from the decision making the reference, Mr Trojani performs, for the Salvation Army and under its direction, various jobs for approximately 30 hours a week, as part of a personal reintegration programme, in return for which he receives benefits in kind and some pocket money.
[...]
22 Having established that the benefits in kind and money provided by the Salvation Army to Mr Trojani constitute the consideration for the services performed by him for and under the direction of the hostel, the national court has thereby established the existence of the constituent elements of any paid employment relationship, namely subordination and the payment of remuneration.
trojani, centre, public, aide, sociale, bruxelles, 2004, case, concerning, free, movement, persons, citizenship, european, union, trojani, cpascourteuropean, court, justicecitation, 2004, 2004, 07573keywordsfree, movement, goods, contents, facts, judgment, als. Trojani v Centre public d aide sociale de Bruxelles 2004 C 456 02 is an EU law case concerning the free movement of persons and citizenship in the European Union Trojani v CPASCourtEuropean Court of JusticeCitation s 2004 C 456 02 2004 ECR I 07573KeywordsFree movement of goods Contents 1 Facts 2 Judgment 3 See also 4 NotesFacts editA Salvation Army volunteer claimed the minimex the minimum subsistence allowance from CPAS the Centre public d aide sociale de Bruxelles in Belgium He was French and went to Belgium in 2000 staying at a camp site in Blankenberge and then the Jacques Brel youth hostel Brussels He got accommodation after at the Salvation Army hostel from January 2002 He got board lodging and pocket money for doing jobs for 30 hours a week as part of a personal socio occupational reintegration programme CPAS refused because he was not Belgian and said he could not benefit from the Free Movement of Workers Regulation 1612 68 Judgment editThe Court of Justice Grand Chamber held that Mr Trojani would be protected as a worker 16 Moreover neither the sui generis nature of the employment relationship under national law nor the level of productivity of the person concerned the origin of the funds from which the remuneration is paid or the limited amount of the remuneration can have any consequence in regard to whether or not the person is a worker for the purposes of Community law see Case 53 81 Levin 1982 ECR 1035 paragraph 16 Case 344 87 Bettray 1989 ECR 1621 paragraphs 15 and 16 and Case C 188 00 Kurz 2002 ECR I 10691 paragraph 32 20 In the present case as is apparent from the decision making the reference Mr Trojani performs for the Salvation Army and under its direction various jobs for approximately 30 hours a week as part of a personal reintegration programme in return for which he receives benefits in kind and some pocket money 22 Having established that the benefits in kind and money provided by the Salvation Army to Mr Trojani constitute the consideration for the services performed by him for and under the direction of the hostel the national court has thereby established the existence of the constituent elements of any paid employment relationship namely subordination and the payment of remuneration See also editEuropean Union lawNotes edit Retrieved from https en wikipedia org w index php title Trojani v Centre public d 27aide sociale de Bruxelles amp oldid 810630001, wikipedia, wiki, book, books, library,
