# C_2014409EN.01001601.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/16 |
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17.11.2014

EN

Official Journal of the European Union

C 409/16

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Judgment of the Court (Ninth Chamber) of 11 September 2014 (request for a preliminary ruling from the Nejvyšší správní soud — Czech Republic) — Ministerstvo práce a sociálních věcí v B.

(Case C-394/13) (1)

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((Reference for a preliminary ruling - Social security for migrant workers - Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 - National legislation applicable - Determination of the competent Member State for the purpose of granting a family benefit - Situation in which a migrant worker and her family live in a Member State in which their centre of interest is located and family benefit has been paid - Application for family benefit in the Member State of origin after entitlement to benefits in the Member State of residence has expired - National legislation of the Member State of origin providing that such benefits are to be granted to any person registered as permanently resident in that State))

2014/C 409/22

Language of the case: Czech

Referring court

Referring court

Nejvyšší správní soud

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ministerstvo práce a sociálních věcí

Applicant:

Defendant: B.

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Council Regulation (EEC) No 1408/71 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 Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008, in particular Article 13 thereof, must be interpreted as precluding a Member State from being regarded as the competent State for the purpose of granting a family benefit to a person on the sole ground that the person concerned is registered as being permanently resident in its territory, where neither that person nor the members of his family work or habitually reside in that Member State. Article 13 of that regulation must be interpreted as also precluding a Member State which is not the competent State in so far as concerns the person in question from granting family benefits to such a person unless there are specific and particularly close connecting factors between the situation at issue and the territory of that first Member State; |
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1.

Council Regulation (EEC) No 1408/71 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 Regulation (EC) No 592/2008 of the European Parliament and of the Council of 17 June 2008, in particular Article 13 thereof, must be interpreted as precluding a Member State from being regarded as the competent State for the purpose of granting a family benefit to a person on the sole ground that the person concerned is registered as being permanently resident in its territory, where neither that person nor the members of his family work or habitually reside in that Member State. Article 13 of that regulation must be interpreted as also precluding a Member State which is not the competent State in so far as concerns the person in question from granting family benefits to such a person unless there are specific and particularly close connecting factors between the situation at issue and the territory of that first Member State;

| 2. | 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, in particular Article 11 thereof, must be interpreted as precluding a Member State from being regarded as the competent State for the purpose of granting a family benefit to a person on the sole ground that the person concerned is registered as being permanently resident in its territory, where neither that person nor the members of his family work or habitually reside in that Member State. |
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2.

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, in particular Article 11 thereof, must be interpreted as precluding a Member State from being regarded as the competent State for the purpose of granting a family benefit to a person on the sole ground that the person concerned is registered as being permanently resident in its territory, where neither that person nor the members of his family work or habitually reside in that Member State.

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(1)  OJ C 260, 7.9.2013.

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