Article 34 - Social security and social assistance
Article 51 - Field of application
Key facts of the case:
51 I therefore propose the following answer to the question referred by the Najvyšší súd Slovenskej republiky (Supreme Court of the Slovak Republic):
In the circumstances of the main proceedings, it is not possible to interpret Article 1(w), Article 4 and Article 5 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, considered in conjunction with the right to social security benefits and social advantages, as enshrined in Article 34(1) and (2) of the Charter of Fundamental Rights of the European Union, as precluding the application of a provision of national legislation pursuant to which the Slovak social security body is to take into consideration an applicant’s citizenship as a fundamental condition for the purposes of determining the right of national sports representatives to a benefit in addition to the old-age pension, even if another statutory requirement, namely the fact of having represented the legal predecessors of the State, including the Czechoslovak Socialist Republic, is also part of that provision of national legislation.