Sanneh and Zambrano

[appealalready]

http://www.landmarkchambers.co.uk/news.aspx?id=3227

Court of Appeal begins four day hearing on appeals challenging the compatibility with EU law of regulations disentitling Zambrano carers from social benefits

The Court of Appeal (Arden, Elias, Burnett LJJ) today begins a four day hearing of several conjoined appeals which challenge various regulations enacted in 2012 which have the effect of disentitling from certain social benefits non-EU citizens who have an EU law right to reside by virtue of being the carer of a dependant EU citizen (pursuant to the principle inCase C-34/09 Ruiz Zambrano v. Office National de l’Empoi [2011] 2 C.M.L.R. 46).The issues include:

When does the Zambrano right arise?

Do the citizenship provisions in Arts. 20-21 TFEU as elaborated in Zambrano confer an entitlement to social benefits and if so in what circumstances?

Is the differential treatment of Zambrano carers contrary to EU anti-discrimination law?

Richard Drabble QC (leading Ranjiv Khubber) is appearing for the appellant in the lead case, HC v. Secretary of State for Work and Pensions, instructed by Platt Halpern solicitors.

Charles Banner is appearing for the AIRE Centre, who have been granted permission to intervene in all cases, instructed by Herbert Smith Freehills LLP.