The provision which subordinates the employment benefit to a residence clause for job-seekers over 50 years old who are exempted from the requirement of being available for work does not preclude, according to the CJEC, the freedom of movement and residence. (Ref. 06743)
Mr. De Cuyper, a Belgian, was exempted from seeking a job, as he is an unemployed person over 50 years old. In the course of an inquiry, he admitted he no longer lived in Belgium, but in France. Consequently, his unemployment allowance was suspended, on the grounds that he no longer satisfied the condition of effective residence contained in the Belgian law. The Belgian jurisdiction, seized of the dispute over this decision, questioned the CJEC on the compatibility of the residence clause wit
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