Do persons who do not wish to claim payment of any benefits of social security law or family benefits under Article 3(1) of Regulation No 883/2004 but rather special non-contributory benefits under Article 3(3) and Article 70 of the regulation fall within the scope ratione personae of Article 4 of the regulation?

Yes, 'special non-contributory cash benefits' fall within the scope of Article 4 of Regulation No 883/2004.

Are the Member States precluded by Article 4 of Regulation No 883/2004, in order to prevent an unreasonable recourse to non-contributory social security benefits under Article 70 of the regulation which guarantee a level of subsistence, from excluding in full or in part Union citizens in need from accessing those benefits, which are provided to their own nationals who are in the same situation?

No, Member States can exclude economically inactive EU citizens from benefits if they do not have a right of residence under Directive 2004/38.

Are the Member States precluded by (a) Article 18 TFEU and/or (b) [point (a) of the first subparagraph of Article 20(2)] TFEU in conjunction with the [second subparagraph] of Article 20(2) TFEU and Article 24(2) of Directive 2004/38/EC, in order to prevent an unreasonable recourse to non-contributory social security benefits under Article 70 of Regulation No 883/2004 which guarantee a level of subsistence, from excluding in full or in part Union citizens in need from accessing those benefits, which are provided to their own nationals who are in the same situation?

No, Member States are not precluded by these articles from excluding such citizens if they do not have a right of residence under Directive 2004/38.

If, according to the answers to the abovementioned questions, the partial exclusion of benefits which guarantee a level of subsistence complies with EU law: may the provision of non-contributory benefits which guarantee a level of subsistence for Union citizens, outside acute emergencies, be limited to the provision of the necessary funds for return to the home State or do Articles 1, 20 and 51 of the Charter … require more extensive payments which enable permanent residence?

The Court does not have jurisdiction to answer this question regarding the extent of benefits under the Charter.

Economically inactive EU citizens may be denied benefits if lacking right of residence under Directive 2004/38.

European Court of Justice (Grand Chamber) · 11 november 2014 · Judgment · Preliminary ruling

‛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’

Rechtsvraag

Whether economically inactive nationals of an EU Member State residing in another Member State can be excluded from special non-contributory cash benefits under Regulation No 883/2004 and Directive 2004/38/EC.

Regel

Article 18 TFEU (Prohibition of discrimination on grounds of nationality)
Article 20(2) TFEU (Rights of Union citizens to move and reside freely)
Article 24(2) of Directive 2004/38/EC (Condition for equal treatment regarding social assistance)
Article 4 of Regulation No 883/2004 (Equality of treatment in social security benefits)
Article 7(1)(b) of Directive 2004/38/EC (Condition requiring sufficient resources for residence longer than three months)

Conclusie

The Court concluded that EU law does not preclude Member States from excluding economically inactive nationals of other Member States from special non-contributory cash benefits if they do not meet the residence conditions under Directive 2004/38, such as having sufficient resources.

Tijdlijn

10-11-2010 Ms. Elisabeta Dano, a Romanian national, last entered Germany.
19-07-2011 The city of Leipzig issued Ms. Dano with a residence certificate of unlimited duration for EU nationals.
28-09-2011 Jobcenter Leipzig refused Ms. Dano's first application for basic provision benefits under SGB II.
25-01-2012 Ms. Dano submitted a fresh application for basic provision benefits under SGB II.
23-02-2012 Jobcenter Leipzig refused Ms. Dano's second application for basic provision benefits.
01-06-2012 Ms. Dano's administrative objection against the refusal of benefits was dismissed.
01-07-2012 Ms. Dano and her son brought an action before the Sozialgericht Leipzig challenging the decision to refuse benefits.
03-06-2013 The Sozialgericht Leipzig decided to refer questions to the Court of Justice of the European Union for a preliminary ruling.
19-06-2013 The Court of Justice of the European Union received the request for a preliminary ruling from the Sozialgericht Leipzig.
18-03-2014 A hearing was held at the Court of Justice of the European Union regarding the preliminary ruling request.
20-05-2014 The Advocate General delivered his opinion at the sitting of the Court of Justice of the European Union.
11-11-2014 The Court of Justice of the European Union delivered its judgment on the preliminary ruling request.