How to sue the UK Gov at Brussels Court ?

[JulianaV]

Well, actually we are really fine, we are working with a good wage and nothing could be better for us

But before this heaven, my Brazilian Husband (and I'm Hungarian and we have a dual Bra/Hun child together) applied for 2 different benefits : JSA and Housing.

Both took a long while to be decided and both where refused for the same reason: My husband cannot apply for benefits because he is a EEA Family member and I'm the only person that can apply because I'm the EEA.

According with the EU regulations, it's a very basic right : EEA Family Members MUST HAVE the very same rights and can apply for the very same benefits and cannot be treated different of the EEA.

Honestly I just wanna take all my refusal letters to the Brussels Court because I'm sick to see Mr. David Cameron pursuing foreigners just to bring UKIP supporters to his side and let UKIP more weak, and of course: We don't know the day of tomorrow as well. And much more important: My husband pay the very same taxes of EEAs and Britons hence he must have the same rights. What is the big deal to pay Insurance Contributions if you are forbidden to use it ?

My intention is to complain to Brussels Court, ask for compensation for me, make the UK Gov pay a heavy penalty fee to the EU regulations entity and get a letter telling that the Gov recognise the rights of my husband and will not perform the same mistakes and much more important: I want to see the UK Gov sending me feedbacks about what they are doing to not be unfair with new residents that came from abroad in the future because I want to see the Gov being fair not just with us, but everybody that's pay taxes in this country. Also I've plans to call the press to follow the case.

So, anybody knows how to start all of this ? Is there some kind of Attorney office specialised in EU rights ? I've no clue how to start it.

suggestions are very welcomed !

[appealalready]

Good for you, JulianaV!

My understanding is as follows: First, you have to decide what you want - compensation? an apology? something else? If, for example, you want compensation, you could apply to the CMCC or Court of Money Claims Centre.

Then, you must sue them in a UK Court. If your grievance is not resolved at the UK level, you can then go to Brussels or Strasbourg.

Best wishes

[JulianaV]

Good for you, JulianaV!

My understanding is as follows: First, you have to decide what you want - compensation? an apology? something else? If, for example, you want compensation, you could apply to the CMCC or Court of Money Claims Centre.

Then, you must sue them in a UK Court. If your grievance is not resolved at the UK level, you can then go to Brussels or Strasbourg.

Best wishes

Ty, @appealalready ! Looks a very good way
Sorry to not say thanks before. I need to dig this subject again because it's really annoying. We are regular workers, we pay taxes and all the shit and all the time we receive letters from the customs to check our eligibility to live in UK. We made already HRT twice (and we passed) and since it's supposed to be enough I just can conclude that we are being pursued just for our condition of immigrant and this must stop. It's obvious that Mr DC is trying to male the life of new immigrants a little hell to make immigrants get out by his own.
My intention is to get both: Apologize and compensation, but my REAL INTENTION is to expose my situation to a plenty of journalists that I know to put this country in shame and let everything clear.

[secret.simon]

I am not an EEA citizen, so I am not aware of the EU procedures to complain about the UK government, save to say that appealalready is correct. The matter must go through the UK courts and be appealed to the ECJ as the ECJ is not a court of original jurisdiction.

From the Wikipedia Article on the European Court of Justice

It is not possible to appeal the decisions of national courts to the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case.

an action for breach of Union law may be brought before the Court of Justice. That action may be brought by the Commission – as is practically always the case – or by another Member State

On another note, I disagree with the basis of your disagreement with the UK government.

My husband pay the very same taxes of EEAs and Britons hence he must have the same rights.

The one does not necessarily follow from the other. Payment of taxes does not confer rights. It is an obligation based on earnings and divorced from "rights". Many British citizens do not pay much tax and yet get benefits. Conversely, most non-EEA migrants pay an extortionate amount of tax but have no entitlement to benefits. Their NI contributions do not count towards their visa renewal, where they have to pay an additional IHS levy to continue access to the NHS, in spite of already having paid NI.

Taxation is based on the relevant economic transaction (earnings, sales, etc), benefits on rules based on citizenship, etc.

So, the basic premise of your action is false.

According with the EU regulations, it's a very basic right : EEA Family Members MUST HAVE the very same rights and can apply for the very same benefits and cannot be treated different of the EEA.

Not completely true. Non-EEA Family Members have rights provided they are accompanied by their EEA family member. Their rights are not as absolute as that of EEA Citizens, but the ones stated in various EU treaties and directives. For instance, non-EEA Family Members do not have freedom of movement within the EEA, but they have the right to accompany their EEA family member within the EEA, which by definition, is much more limited than freedom of movement. Your Brazilian husband can not live in Poland while you live in the UK, for instance. His right is entirely dependant on you. By definition, therefore, his rights are lesser than yours.

And by the way, have you considered that such a silly lawsuit, if publicized, would hasten the UK leaving the EU? The Telegraph will have a ball reporting this case, if it ever goes to court.