Sample Solution

learning difficulties which means he is a “dependant direct relative” of Charlottes under Article 3 (1) (d) . As he is an EU citizen, he is also entitled to free movement. He has the right of residence in any Member State for up to three months without any conditions. He has been able to stay for the 4 years as he is a dependant family member of Charlottes which means he has the right to stay in London as long as she is. He is entitled to all the rights set out in Article 20 (2) TFEU and 21 TFEU . Most importantly, Bjarne is entitled to equality in terms of social right under the Regulation 492/2011 which means he is entitled to go to the special needs school. Article 18 TFEU prohibits any discrimination on the grounds of nationality. Article 24 (1) of the Directive 2004/38 states “all Union citizens residing on the basis of this Directive in the host Member State shall enjoy equal treatment with the nationals of that Member State.” This suggests he is entitled to the equal treatment of being able to attend the special needs school regardless of the requirement as it wouldn’t apply to British nationals. The principle of equal treatment is set out in Art 24 (1) of Directive 2004/38 which states “all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State”. In the case of Inzirillo v Caisse d’Allocations Familiales de l’Arrondissement de Lyon the Court of Justice held that an allowance for disabled adults that a Member State awarded to its own nationals constituted to a social advantage to which an EU national should be equally entitled under such circumstances. The facts included that the EU citizen could apply on behalf of the family member. Although in the case the person was an adult, the principle is still the same that Charlotte is applying on behalf of her brother due to his age. Article 14 (4) (b) of the directive covers that the host State is not obliged to grant social assistance to the members of the Union worker in the first three months of residence. This is not applicable to Bjarne as he has been living in London for the past 4 years so the State is able to acquire him with social assistance.