ECJ decision C‑325/09 on UK case of long term EU resident

[Directive/2004/38/EC]

Case C‑325/09, Secretary of State for Work and Pensions v Maria Dias, 21 July 2011

I am not sure if I fully understand it.

But it is about her right to income support and whether she has PR, with most of her time in the UK before Directive 2004/38/EC and some of her time here after that.

29 Ms Dias is a Portuguese national who entered the United Kingdom in January 1998. According to the referring court, her residence can be divided into the following five periods (‘the first to fifth periods’):
– January 1998 to summer 2002: in work;
– summer 2002 to 17 April 2003: on maternity leave;
– 18 April 2003 to 25 April 2004: not working;
– 26 April 2004 to 23 March 2007: in work, and
– since 24 March 2007: not working.



29 The [Social Security Commissioner] accordingly decided to grant income support to Ms Dias.

30 The Commissioner’s decision has been challenged by the Secretary of State for Work and Pensions before the referring court.

[rachellynn1972]

Case C‑325/09, Secretary of State for Work and Pensions v Maria Dias, 21 July 2011

I am not sure if I fully understand it.

But it is about her right to income support and whether she has PR, with most of her time in the UK before Directive 2004/38/EC and some of her time here after that.

29 Ms Dias is a Portuguese national who entered the United Kingdom in January 1998. According to the referring court, her residence can be divided into the following five periods (‘the first to fifth periods’):
– January 1998 to summer 2002: in work;
– summer 2002 to 17 April 2003: on maternity leave;
– 18 April 2003 to 25 April 2004: not working;
– 26 April 2004 to 23 March 2007: in work, and
– since 24 March 2007: not working.



29 The [Social Security Commissioner] accordingly decided to grant income support to Ms Dias.

30 The Commissioner’s decision has been challenged by the Secretary of State for Work and Pensions before the referring court.

To my own knowledge of this case, the period and rules before the implimentation of the 2004 directive must not affect the right to permanent residence on the new directive that is to say the person in question have aquire permanent residence in regard to the present directive.