CJEU Case C-151/24 / Judgment
Χάρτης των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης
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CJEU Case C-151/24 / Judgment
Key facts of the case:
Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third-country workers who hold a single permit – Article 12 – Right to equal treatment – Third-country national – Residence permit for family reasons – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Concept of ‘branches of social security’ – Article 70 – Special non-contributory cash benefits – Social allowance for the elderly living in indigence – Conditions for granting – Exclusion of third-country nationals who do not hold an EU residence permit for long-term residents
Outcome of the case:
On those grounds, the Court (First Chamber) hereby rules:
Article 12(1)(e) of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State
must be interpreted as meaning that it does not apply to a special non-contributory cash benefit within the meaning of Article 70 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, as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009, and, therefore, that it does not preclude national legislation which makes the grant of such a benefit to the third-country nationals referred to in Article 3(1)(b) and (c) of that directive, in the form of a social allowance intended for persons aged 65 and over (since 1 January 2019, aged 67 and over) who are experiencing economic hardship and have limited capacity to work due to their age, subject to the condition that they hold an EU residence permit for long-term residents.
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Paragraphs referring to EU Charter
32. By its question, the referring court asks, in essence, whether Article 12(1)(e) of Directive 2011/98, read in the light of Article 34(1) and (2) of the Charter, must be interpreted as meaning that it applies to a special non-contributory cash benefit within the meaning of Article 70 of Regulation No 883/2004 and, therefore, that it precludes national legislation which makes the grant of such a benefit to the third-country nationals referred to in Article 3(1)(b) and (c) of that directive, in the form of a social allowance intended for persons aged 65 and over (since 1 January 2019, aged 67 and over) who are experiencing economic hardship and have limited capacity to work due to their age, subject to the condition that they hold an EU residence permit for long-term residents.
33. Under Article 12(1)(e) of Directive 2011/98, the third-country workers referred to in Article 3(1)(b) and (c) of that directive are to enjoy equal treatment with nationals of the Member State where they reside with regard to branches of social security, as defined in Regulation No 883/2004. Those provisions must be read in the light of Article 34(1) and (2) of the Charter, concerning social security benefits.
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50. In the present case, it is apparent from the order for reference that the social allowance provided for in Article 3(6) of Law No 335/1995 is not paid exclusively to recipients of an old-age pension, but is intended to deal with the state of need resulting from the indigence in which persons lacking adequate economic resources find themselves, who, on account of their age, have reduced working capacity. Consequently, such a social allowance does not constitute a social security benefit within the meaning of the case-law cited in paragraph 47 above. In that regard, it should be noted that such an allowance also does not fall within the scope of paragraphs 1 and 2 of Article 34 of the Charter, which concern social security benefits.
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Paragraphs referring to EU Charter (original language)