# C_2015016EN.01000401.xml

| 19.1.2015 | EN | Official Journal of the European Union | C 16/4 |
| --- | --- | --- | --- |

19.1.2015

EN

Official Journal of the European Union

C 16/4

---

Judgment of the Court (Grand Chamber) of 11 November 2014 (request for a preliminary ruling from the Sozialgericht Leipzig — Germany) — Elisabeta Dano, Florin Dano v Jobcenter Leipzig

(Case C-333/13) (1)

(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)

(2015/C 016/05)

Language of the case: German

Referring court

Sozialgericht Leipzig

Parties to the main proceedings

Applicants: Elisabeta Dano, Florin Dano

Defendant: Jobcenter Leipzig

Operative part of the judgment

| 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, as amended by Commission Regulation (EU) No 1244/2010 of 9 December 2010, must be interpreted as meaning that ‘special non-contributory cash benefits’ as referred to in Articles 3(3) and 70 of the regulation fall within the scope of Article 4 of the regulation. |
| --- | --- |

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, as amended by Commission Regulation (EU) No 1244/2010 of 9 December 2010, must be interpreted as meaning that ‘special non-contributory cash benefits’ as referred to in Articles 3(3) and 70 of the regulation fall within the scope of Article 4 of the regulation.

| 2) | Article 24(1) of 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, read in conjunction with Article 7(1)(b) thereof, and Article 4 of Regulation No 883/2004, as amended by Regulation No 1244/2010, must be interpreted as not precluding legislation of a Member State under which nationals of other Member States are excluded from entitlement to certain ‘special non-contributory cash benefits’ within the meaning of Article 70(2) of Regulation No 883/2004, although those benefits are granted to nationals of the host Member State who are in the same situation, in so far as those nationals of other Member States do not have a right of residence under Directive 2004/38 in the host Member State. |
| --- | --- |

2)

Article 24(1) of 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, read in conjunction with Article 7(1)(b) thereof, and Article 4 of Regulation No 883/2004, as amended by Regulation No 1244/2010, must be interpreted as not precluding legislation of a Member State under which nationals of other Member States are excluded from entitlement to certain ‘special non-contributory cash benefits’ within the meaning of Article 70(2) of Regulation No 883/2004, although those benefits are granted to nationals of the host Member State who are in the same situation, in so far as those nationals of other Member States do not have a right of residence under Directive 2004/38 in the host Member State.

| 3) | The Court of Justice of the European Union does not have jurisdiction to answer the fourth question. |
| --- | --- |

3)

The Court of Justice of the European Union does not have jurisdiction to answer the fourth question.

---

(1)  OJ C 226, 3.8.2013.

---