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European Court of Justice considers the validity of Flemish legislation limiting eligibility to a care insurance scheme

  • Edwards Wildman Palmer LLP
  • -
  • Belgium, European Union
  • -
  • April 10 2008

In Government of the French Community, and Walloon Government v Flemish Government Case C-21206, ECJ (Grand Chamber), the European Court of Justice (ECJ) determined that Flemish legislation limiting eligibility to a care insurance scheme was contrary to European provisions concerning the right to freedom of movement within the European Community (EC) in so far as the care insurance scheme included a residence requirement that excluded persons who worked in the Flemish region or in the bilingual Brussels-Capital, but who resided in another part of the national territory (ie the French or German speaking region