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CJEU Case C-333/13 / Opinion

Elisabeta Dano and Florin Dano v Jobcenter Leipzig

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
20/05/2014

Key facts of the case:

Reference for a preliminary ruling — Free movement of persons — Citizenship of the Union — Equal treatment — Economically inactive nationals of a Member State residing in the territory of another Member State — Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 — Directive 2004/38/EC — Right of residence for more than three months — Articles 7(1)(b) and 24 — Condition requiring sufficient resources.

Outcome of the case:

In the light of the foregoing considerations, I propose that the Court should answer the questions referred for a preliminary ruling by the Sozialgericht Leipzig as follows:

  1. Persons claiming a special non-contributory cash benefit within the meaning of Articles 3(3) and 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, fall within the scope ratione personae of Article 4 of that regulation.
  2. Regulation No 883/2004, as amended by Regulation No 988/2009, and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC do not preclude the national legislature from choosing to exclude nationals of other Member States from entitlement to a special non-contributory cash benefit on the basis of a general criterion, such as the reason for entering the territory of the host Member State, which is capable of demonstrating the absence of a genuine link with that State, in order to prevent an unreasonable burden on its social assistance system.
  3. The Court of Justice of the European Union does not have jurisdiction to answer the fourth question referred for a preliminary ruling.