Law Commons^™

Although habitual residence would appear to be a ‘fact specific’ concept, the Court of Justice (CJEU) has increasingly interpreted habitual residence as a legal concept which links a person to the social security system of a specific Member State. Thus, for example, in Wencel, the CJEU ruled that a person could not have a habitual residence in two Member States at the same time. The Court has perhaps taken this approach to its most extreme lengths in the case of I where it has held that a man who had, due to illness, been ‘staying’ in Germany for 11 years …