JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
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Article 7(1) and (3) of that directive provides as follows:
‘1. All Union citizens shall have the right of residence on the territory of another Member State for a
period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on the
social assistance system of the host Member State during their period of residence and have
comprehensive sickness insurance cover in the host Member State; …
…
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed
person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more than
one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term employment
contract of less than a year or after having become involuntarily unemployed during the first 12
months and has registered as a job-seeker with the relevant employment office. In this case, the
status of worker shall be retained for no less than 6 months;
(d) he/she embarks on vocational training. Unless he/she is involuntarily unemployed, the retention of
the status of worker shall require the training to be related to the previous employment.’
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Under Article 14 of that directive, entitled ‘Retention of the right of residence’:
‘1. Union citizens and their family members shall have the right of residence provided for in Article 6,
as long as they do not become an unreasonable burden on the social assistance system of the host
Member State.
2. Union citizens and their family members shall have the right of residence provided for in Articles 7,
12 and 13 as long as they meet the conditions set out therein.
In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family
members satisfies the conditions set out in Articles 7, 12 and 13, Member States may verify if these
conditions are fulfilled. This verification shall not be carried out systematically.
3. An expulsion measure shall not be the automatic consequence of a Union citizen’s or his or her
family member’s recourse to the social assistance system of the host Member State.
4. By way of derogation from paragraphs 1 and 2 and without prejudice to the provisions of Chapter
VI, an expulsion measure may in no case be adopted against Union citizens or their family members
if:
(a) the Union citizens are workers or self-employed persons, or
ECLI:EU:C:2015:597
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