The European Commission said on Thursday that it would take Britain to Europe’s highest court over its benefit regulations, with accusations of refusing thousands of EU nationals living in Britain the right to welfare, an allegation London rejects.

The commission declares it received protestation from nationals who had been employed in Britain and, paid taxes to the British government but were declined Unemployment Benefits when they were made redundant.


EU spokesperson, Jonathan Todd said as many thousands of EU nationals may have been refused their right to welfare.

“On the basis of the figures given to us by the UK authorities, potentially tens of thousands of EU nationals legally living in the UK have been refused access to Social Security benefits to which they are entitled.”

Validated figures proved London declined benefits to 28,400 EU subjects living in Britain between 2009-2011; this is out of 42,000 who put in an application.


The European Commission said that two years of talks had been unsuccessful in resolving a dispute over Britain’s ruling that necessitate EU nationals to pass a special test to obtain a span of benefits, comprising Unemployment payments.

“We have been talking to the UK authorities for more than two years now, in order to try and find a solution, but the difference between us is fundamental.  The UK authorities claim that their system is fully compliant with EU Law, on the basis of the Case Law of the Court of Justice we cannot agree; therefore there is no alternative but to resolve the issue before the Court of Justice in Luxembourg.”

The European Court of Justice in Luxembourg must now precise over on the matter, a long process but which could end in significant fines for Britain if the court were to find it in violation of EU Law.


The EU Commission renounced allegations that its decision to go to the Court of Justice was political or dropping Britain’s special test would result in so called benefits to resume.

Britain signed up to EU rules in 2009, permitting EU nationals living and, working in the UK to be given such benefits.  While British nationals living overseas can be given benefits there.  The British government which is attempting to slash its budget shortfall whilst addressing public discontent about immigration and, misuse of its welfare structure says it will carry on enforcing and, quote “A right to resign” test and, follow additional benefit improvements.


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