On 14 June 2016, the Court of Justice of the European Union rejected a challenge by the EU Commission to restrictions on the payment of child benefit and child tax credit to EU migrants. The Commission had alleged that the domestic “right to reside” test, which aimed to restrict entitlement to those benefits to migrants who were in work, breached EU free movement rules. In a ruling with obvious ramifications for the EU Referendum campaign, the CJEU held that the UK was allowed to protect its national finances by preventing benefits claims from migrants who are not economically active.
Jason Coppel KC represented the Government in the CJEU proceedings.
The judgment can be read here.
Related press: read here.
