EU Law Case Studies

Case Study
Pages 8 (2008 words)
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The following is the advice for Klaus, Astrid, Heinrich, and Sophie with regards to their status as German nationals living in Spain within the boundaries of EU law relating to the free movement of persons as stated in Article 39EC.1
Klaus, as a car mechanic, when he first came to Spain, only managed to find temporary work for three months at a garage selling petrol.


Astrid, Klaus's wife, had every right to apply for a job as an estate agent. The fact that Astrid was discriminated against because she did not pass a Spanish language test in Spain-although she had completed and passed a similar test in Germany-is illegal because member EU states must treat other EU member citizens equally.4
The fact that Klaus did not receive the same company pension entitlement as Spanish nationals who also worked as his company is a blatant form of discrimination against Klaus as a German national living in Spain, again because EU members are supposed to receive the same social benefits of domestic members.5 Another social benefit6 Klaus should have received based on the fact that he is an EU members was his five extra holidays, just as his Spanish national counterparts.7
Similarly, in Astrid's case, she was discriminated against by not being able to receive the same social advantage8 of receiving free banking as her Spanish national counterparts who worked at the bank as well.
Sophie was discriminated against on the basis of nationality9 due to the fact that, at college, only students in her course who had lived in Spain for at least ten years could claim a special financial payment to cover ...
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