C-237/94, O’Flynn

Context: This case relates to Article 45 TFEU (Free Movement of Persons) and the issue of indirect discrimination.

• Facts: O’Flynn, an Irish worker in the UK, faced difficulty organising a funeral in Ireland because the UK’s subsidy for funeral costs was only available if the funeral took place in the UK.

• Outcome: The ECJ found that the UK law indirectly discriminated against non-UK residents because it imposed a territorial requirement that adversely affected Irish workers in the UK.

Key Legal Points:

◦ Indirect Discrimination: Territorial requirements that restrict access to benefits can amount to indirect discrimination under Article 45 TFEU if they disproportionately affect workers from other member states.

◦ Access to Benefits: Such rules need to be justified by a legitimate aim and must be proportionate to that aim.