29.11.2006
News

European social law – unemployment allowances

Judgment of the European Court of Justice in Case C-406/04 Gérald De Cuyper of 18 July 2006.

Mr. De Cuyper, a Belgian national, was granted unemployment allowances in1997 as he had been employed in Belgium previously. He made a declaration in1999 stating that he was living in Belgium. The inspectors from the Officenational de l’emploi (“ONEM”) investigated the accuracy ofthese declarations in 2000 and Mr. De Cuyper admitted that he had not lived inBelgium since January 1999 and was in fact residing in France. On the basis ofthat investigation, he was refused unemployment allowances due to no longersatisfying the requirement of actual residence prescribed under Belgian law.ONEM also demanded repayment of allowances paid since January 1999. Mr. DeCuyper contested ONEM’s decision before the Tribunal du travail de Bruxelles,which sought a preliminary ruling from the European Court of Justice(“ECJ”).

The ECJ held that unemployment allowance is a social security benefit towhich Regulation (EEC) No 1408/71 of the Council of 14 June 1971, on theapplication of social security schemes to employed persons, to self-employedpersons and to members of their families moving within the Community, as amended(“Regulation No. 1408”), applies even if, under a nationalprovision, the recipient is exempt from registering as a job-seeker and thus therequirement of being available for work. The ECJ stated in this regard that thefact the unemployed person obtains such exemption does not mean the person isexempt from the requirement to remain available to employment services. Even ifthat person does not have to register as a jobseeker or accept any suitableemployment, he or she must remain available to these services so that theiremployment and family situation can be monitored.

Concerning the question whether a Member State is authorized under Communitylaw to make entitlement to unemployment allowance conditional to residence inits territory, the ECJ observed that, even though the EC Treaty(“ECT”) allows every citizen of the European Union(“EU”) the right to move and reside freely within the territoryof Member States, the right of residence is not unconditional, but rather it isconferred subject to limitations and conditions laid down by the Treaty andadopted measures to give it effect.

The Regulation provides for only two scenarios under which a Member State isrequired to allow recipients of unemployment allowance to reside in theterritory of another Member State while retaining their entitlement toallowance: the first is when the unemployed person goes to another Member State‘to seek employment there’; the second is when the unemployed person resides inthe territory of another Member State of his or her last employment. It is clearfrom the documents presented to the ECJ that Mr. De Cuyper’s position was notcovered by either of the two scenarios.

The ECJ accepted that national legislation, which places certain of itsnationals at a disadvantage simply because they exercise their freedom to moveand reside in another Member State, is a restriction on the freedoms conferredon every citizen of the EU. In this case however, the enactment of a residenceclause reflects the need to monitor the employment and family situation ofunemployed persons. The clause allows ONEM inspectors to check whether thesituation of a recipient of the unemployment allowance has undergone changesthat may have an effect on the benefit granted. The justification is accordinglybased on objective considerations of public interest and is independent of thenationality of the persons concerned. The monitoring carried out with regard tounemployment allowance is thus of a specific nature that justifies theintroduction of more restrictive arrangements than those for monitoring inrespect of other benefits.

Other articles

21.7.2026
News

KŠB Supports Smetana Litomyšl’s Charitable Grand Finale

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.

The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.

10.7.2026
News

Jan Lasák Speaks at Balkan Legal Forum 2026

KŠB partner Jan Lasák took part as a panellist at this year’s Balkan Legal Forum 2026, one of the leading conferences focusing on the legal market in Central and South-Eastern Europe.

KŠB partner Jan Lasák took part as a panellist at this year’s Balkan Legal Forum 2026, one of the leading conferences focusing on the legal market in Central and South-Eastern Europe.

26.6.2026
News

KŠB Partner Tomáš Sequens Speaks at the “Law and the Environment” Conference

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.

Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.