# C_2016211EN.01002101.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/21 |
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13.6.2016

EN

Official Journal of the European Union

C 211/21

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Judgment of the Court (Sixth Chamber) of 7 April 2016 (request for a preliminary ruling from the Cour du travail de Brussels — Belgium) — Office national de l’emploi (ONEm), M v M, Office national de l’emploi (ONEm), Caisse auxiliaire de paiement des allocations de chômage (CAPAC)

(Case C-284/15) (1)

((Reference for a preliminary ruling - Article 45 TFEU and Article 48 TFEU - Charter of Fundamental Rights of the European Union - Article 15(2) - Regulation (EEC) No 1408/71 - Article 67(3) - Social security - Unemployment benefit to supplement income from part-time employment - Award of that benefit - Completion of periods of employment - Aggregation of periods of insurance or employment - Taking into account of periods of insurance or employment completed under the legislation of another Member State))

(2016/C 211/26)

Language of the case: French

Referring court

Cour du travail de Brussels

Parties to the main proceedings

Applicants: Office national de l’emploi (ONEm), M

Defendants: M, Office national de l’emploi (ONEm), Caisse auxiliaire de paiement des allocations de chômage (CAPAC)

Operative part of the judgment

| 1. | Article 67(3) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 592/2008 of 17 June 2008, must be interpreted as not precluding a Member State from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment, where that employment was not preceded by any period of insurance or of employment in that Member State. |
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1.

Article 67(3) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 592/2008 of 17 June 2008, must be interpreted as not precluding a Member State from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment, where that employment was not preceded by any period of insurance or of employment in that Member State.

| 2. | Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 67(3) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 592/2008. |
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2.

Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 67(3) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 592/2008.

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(1)  OJ C 279, 24.8.2015.

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