Case 53/81 Levin [1982] ECR 1035
Plaintiff was British and living and working in Netherlands. She was married to a non-EC national.
Her application for a residence permit was rejected on the grounds that the Dutch court did not consider someone a ‘worker’ unless she earned a level of income that enabled her to subsist at a minimum level, defined as equal to the Dutch minimum wage, which she did not.
ECJ held that the concept of worker could not be so restrictively interpreted, and that a person was still a worker even if they earned an income not deemed the minimum necessary for subsistence.
ECJ
The free movement of workers is a freedom fundamental to the community and so its scope musty not be restricted by narrow interpretation of those to whom it applies.
Free movement is critical not only to create a single market but also to enable people to raise their standard of living (even if that is still considered below subsistence in MEDCs).
Furthermore the argument that Plaintiff was only seeking employment in Holland to get a residence permit was not accepted: motive is irrelevant if a person is genuinely seeking to pursue economic activity.
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