Case C-9/2021

Mr. G and Mrs. G v Min Republic

Mr. G, a French national, decided to move to the Min Republic (a fictional EU Member State) in December 2020 to look for employment. Soon after arriving, Mr. G applied for national subsistence benefits while looking for work. His application was however denied by the local job center. Indeed, under Minian law, foreign nationals, including nationals of other EU Member States, are in principle excluded from such benefits for the first three months of their residence in the Min Republic. In the same letter Mr. G received from the local job center, Mr. G was asked to immediately leave the country due to the COVID-19 situation then existing in France. Prior to his move to the Min Republic, Mr. G decided to visit London to see how the UK is doing post-Brexit. During this visit, Mr. G met a former British girlfriend of his, and realizing they are meant for each other, they married in January 2021. In February 2021, Mr. G's spouse - now known as Mrs. G - decided to join, Mr. G. & Mrs. G was however denied entry into the Min Republic on the two main grounds:

(i) as a third-country national, Mrs. G had no right of entry into the country under EU law as her French spouse was not economically active at the time of her attempt to enter the country;

(ii) Mrs. G's passport was due to expire the day following her arrival. Mr. and Mrs. G brought a joint legal action against both the decision of the job center and the decision of the Min government to deny Mrs. G the right to enter the country. The High Court of the Min Republic, before which these matters came on appeal, is uncertain as to whether these decisions comply with EU Law and in particular, Directive 2004/38.1 It decided, therefore, to stay the proceedings and ask the Court of Justice the following questions on the basis of Article 267 TFEU:

(1) Can a Member State deny a jobseeker from another Member State access to 'subsistence benefits' for the first three months of his residence as well as deny him the right to stay due to the COVID19 situation existing in the jobseeker's country of origin?

(2) Can a Member State lawfully refuse entry to a third country national married to an EU citizen on the two grounds mentioned above?

Having received the reference in January 2021, the Registrar of the Court of Justice notified Mr. G and Mrs. G as well as the government of the Min Republic and invited them to attend an oral hearing in Spring 2021 (exact date to be confirmed).

As counsels for the respondent (Min Republic), Kindly present your key arguments.

Subject: EU Law

Country:UK