C-292/89, Antonissen [1989]

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and concerns the rights of jobseekers under EU law.

• Facts: A Belgian national arrived in the UK in 1984 seeking employment but remained unemployed until 1989. The UK planned to deport him on the grounds that he was not a worker. The case centred on whether he could be classified as a jobseeker under EU law.

Outcome:

◦ The ECJ held that the individual should be considered a worker under Article 45 TFEU.

◦ However, this right to reside as a jobseeker is not indefinite; it has a limit of 6 months, within which the individual must demonstrate genuine efforts to find employment.

Impact and Analysis:

◦ Jobseeker Status: The case clarified that EU law protects the rights of jobseekers to reside in another member state while searching for work.

◦ Limit on Rights: The right to reside is conditional and time-limited, reinforcing that it must be exercised within reasonable parameters.