249/86 Commission of the European Communities v Federal Republic of Germany [18.5.1989]

In this case, the Court put an emphasis on the equality of migrant workers and their family’s housing rights with housing rights of national workers; as a result, a national legislation cannot refuse the renewal of a residence permit or the reduction a posteriori of the period of validity of a residence permit for a family member of a migrant worker, on the grounds of the unsuitability of the housing situation of the worker’s family. “The requirement to have available housing considered as normal applies solely as a condition under which each member of the worker' s family is permitted to come to live with him and that once the family has been brought together, the position of the migrant worker cannot be different in regard to housing requirements from that of a worker who is a national of the Member State concerned" (para 12).

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Edited by Cecile Benoliel

English
Jurisdiction: 
Court of Justice of the European Union
Subject: 
Discrimination
Right to housing
Country: 

Funders

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