21.5.2011
EN
Official Journal of the European Union
C 152/18
Reference for a preliminary ruling from Upper Tribunal (United Kingdom) made on 25 March 2011 — Secretary of State for Work and Pensions v Margita Punakova
(Case C-148/11)
2011/C 152/32
Language of the case: English
Referring court
Upper Tribunal
Parties to the main proceedings
Applicant: Secretary of State for Work and Pensions
Defendant: Margita Punakova
Questions referred
In circumstances where a claimant:
(a)
is a citizen of the Czech Republic;
(b)
came to the United Kingdom before her country acceded to the EU;
(c)
remained here following accession;
(d)
thereafter established herself in self-employment under Article 49 TFEU (ex. Article 43 TEC);
(e)
is no longer in self-employment; and
(f)
is the primary carer of a child who entered general education while she was established in self-employment,
does the claimant have a right to reside in the United Kingdom on the basis that:
(a)
Regulation 1612/68 (1) applies, together with the reasoning of the European Court of Justice in Baumbast and R v Secretary of State for the Home Department (Case C-413/99) [2002] ECR I-7091, London Borough of Harrow v Ibrahim (Case C-310/08) and Teixeira v London Borough of Lambeth (Case C-480/08);
(b)
there is a general principle of EU law that equates the position of workers and the self-employed;
(c)
it would impede or deter the freedom of establishment if the claimant did not have a right to reside; or
(d)
some other basis?
(1) OJ L 257, p. 2
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