Hendrix v Employee Insurance Institute

Hendrix v Raad van Bestuur van het Uitvoeringsinstituut Werknemersverzekeringen is an EU law case, concerning the free [movement of workers] in the European Union.

Facts

Mr Hendrix claimed he should still receive incapacity benefit after he moved from Netherlands to Belgium from the Dutch Board of Directors of the Employee Insurance Institute. He continued to work in the Netherlands. Young people in the Netherlands could get incapacity benefit. This was a non-contributory benefit, reserved for people residing in the Netherlands.

Judgment

The Court of Justice, Grand Chamber, held that the incapacity benefit was a social advantage under Regulation 492/11. This was a rule specifically expressing the principle in TFEU article 45. This meant a residency requirement could be reviewed. In this case it was indirect discrimination, unless it could be justified. It could be justified on the facts.