C-344/87, Bettray

• Context: This case involves Article 45 TFEU (Free Movement of Persons), particularly focusing on who qualifies as a "worker" under EU law.

• Facts: Bettray, who had been in jail, was released and participated in a reintegration program that involved organised work aimed at easing his re-entry into society. The work was structured and supervised by the state.

• Outcome: The ECJ held that the work organised by the state for Bettray did not qualify as genuine employment under EU law. The activity must be part of the normal labor market to count as employment for EU purposes.

Key Legal Points

◦ Normal Labour Market: The work must be "real and genuine" and part of the normal labour market to qualify as employment under Article 45 TFEU.

◦ Nature of the Work: State-organised work as part of a reintegration program does not typically meet the criteria of being part of the normal labor market.

◦ Remuneration: If the remuneration is too minimal or not aligned with market conditions, it can exclude an individual from being considered a worker under EU law.