# C_2014142EN.01001402.xml

| 12.5.2014 | EN | Official Journal of the European Union | C 142/14 |
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12.5.2014

EN

Official Journal of the European Union

C 142/14

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Request for a preliminary ruling from the Bundessozialgericht (Germany) lodged on 10 February 2014 — Jobcenter Berlin Neukölln v Nazifa Alimanovic and Others

(Case C-67/14)

2014/C 142/19

Language of the case: German

Referring court

Referring court

Bundessozialgericht

Parties to the main proceedings

Parties to the main proceedings

Appellant: Jobcenter Berlin Neukölln

Appellant:

Respondents: Nazifa Alimanovic, Sonita Alimanovic, Valentina Alimanovic, Valentino Alimanovic

Respondents:

Questions referred

Questions referred

| 1. | Does the principle of equal treatment under Article 4 of Regulation (EC) No 883/2004 (1) — with the exception of the clause in Article 70(4) of Regulation (EC) No 883/2004 excluding the provision of benefits outside the Member State of residence — also apply to the special non-contributory cash benefits referred to in Article 70(1) and (2) of Regulation (EC) No 883/2004? |
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1.

Does the principle of equal treatment under Article 4 of Regulation (EC) No 883/2004 (1) — with the exception of the clause in Article 70(4) of Regulation (EC) No 883/2004 excluding the provision of benefits outside the Member State of residence — also apply to the special non-contributory cash benefits referred to in Article 70(1) and (2) of Regulation (EC) No 883/2004?

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| 2. | If the first question is answered in the affirmative: may the principle of equal treatment laid down in Article 4 of Regulation (EC) No 883/2004 be limited by provisions of national legislation implementing Article 24(2) of Directive 2004/38/EC (2) which do not under any circumstances allow access to those benefits in the case where the right of residence of the European Union citizen from another Member State arises solely out of the search for employment, and, if so, to what extent may that principle be so limited? |
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2.

If the first question is answered in the affirmative: may the principle of equal treatment laid down in Article 4 of Regulation (EC) No 883/2004 be limited by provisions of national legislation implementing Article 24(2) of Directive 2004/38/EC (2) which do not under any circumstances allow access to those benefits in the case where the right of residence of the European Union citizen from another Member State arises solely out of the search for employment, and, if so, to what extent may that principle be so limited?

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| 3. | Does Article 45(2) TFEU, in conjunction with Article 18 TFEU, preclude a national provision which does not under any circumstances allow the grant of a social benefit which is intended to ensure subsistence and to facilitate access to the labour market to European Union citizens who can invoke the exercise of their right of free movement as job-seekers in the case where those citizens enjoy a right of residence arising solely out of the search for employment, irrespective of their link with the host Member State? |
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3.

Does Article 45(2) TFEU, in conjunction with Article 18 TFEU, preclude a national provision which does not under any circumstances allow the grant of a social benefit which is intended to ensure subsistence and to facilitate access to the labour market to European Union citizens who can invoke the exercise of their right of free movement as job-seekers in the case where those citizens enjoy a right of residence arising solely out of the search for employment, irrespective of their link with the host Member State?

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(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

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(2)  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 (OJ 2004 L 158, p. 77).

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