Brian Francis Collins v. Secretary of State for Work and Pensions, Case C-138/02, CJEU (Plenary), 23 March 2004

Refusal by the Member State to grant unemployment benefit to a citizen of another Member State. Discrimination based on citizenship. 
 

Regulation (EEC) n. 1612/68 of the Council of 15 October 1968 on the free movement of workers within the Community.

1. A citizen of a Member State who enters the territory of another Member State, in which he had previously worked, and who claims compensation for job seekers, is not a worker within the meaning of Title II of Regulation n. 1612/68. Therefore, this citizen is in a situation comparable to those looking for a job as their first job, and who enjoys the principle of equal treatment only for access to work.

2. A national of a Member State who enters the territory of another Member State, in which he had previously worked, has no right of residence on the basis of Directive 68/360. In fact, this right is recognized to citizens of a Member State who are already working, therefore, jobseekers are excluded.