Court of Justice of the EU

The Court of the European Union decided on 20 December 2017 (case number C-442/16) that an EU citizen who, after more than one year, has ceased to work in a self-employed capacity in another Member State because of an absence of work owing to reasons beyond his control retains the status of self-employed person and, consequently, a right to reside in that Member State.

In response to the migration crisis that affected Europe in the summer of 2015, the Council of the European Union adopted a decision in order to help Italy and Greece deal with the massive inflow of migrants. The decision provides for the relocation from those two Member States to other EU Member States, over a period of two years, of 120 000 persons in clear need of international protection. That mechanism is actually a proportionate means of enabling Greece and Italy to deal with the impact of the 2015 migration crisis.

The Court of Justice of the European Union decided in case Tsegezab Mengesteab v Germany (C-670/16) that an asylum seeker may rely in legal proceedings on the fact that the Member State has become responsible for examining his application because of the expiry of the three-month period within which that Member State may request another Member State to take charge of him.