Luxemburg, 19/07/2006 (Agence Europe) - The European Court of Justice has found that the requirement of residence in Belgium imposed on unemployed persons over the age of 50, even if they are exempt from registering as a job-seeker, is not contrary to the principle of free movement of people. An unemployed Belgian national, Gerald de Cuyper, who moved his place of residence to France, had his unemployment allowance stopped. He also had to repay some €12,000, corresponding to the allowances paid while he was resident in France. The Tribunal du travail de Bruxelles, before which he contested the case, asked the European Court of Justice whether requiring an unemployed person of over 50 to reside in Belgium - even though he/she was exempt from registering as a job seeker and consequently from the requirement of being available for work - was contrary to the free movement of persons and their right to live freely in Member States.
“… the enactment of a residence clause reflects the need to monitor the employment and family situation of unemployed persons,” says the Court. This clause “allows Office national de l'emploi inspectors to check whether the situation of a recipient of the unemployment allowance has undergone changes which may have an effect on the benefit granted”. This measure is based on “objective considerations of public interest independent of the nationality of the persons concerned,” it concludes.