# C_2021481EN.01001302.xml

| 29.11.2021 | EN | Official Journal of the European Union | C 481/13 |
| --- | --- | --- | --- |

29.11.2021

EN

Official Journal of the European Union

C 481/13

---

Judgment of the Court (Eighth Chamber) of 30 September 2021 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — K v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)

(Case C-285/20) (1)

(Reference for a preliminary ruling - Regulation (EC) No 883/2004 - Article 65(2) and (5) - Scope - Wholly unemployed worker - Unemployment benefits - Worker who resides and pursues an activity as an employed person in the competent Member State - Transfer of his or her residence to another Member State - Person not actually pursuing an activity as an employed person in the competent Member State before becoming wholly unemployed - Person on sick leave and receiving, on that basis, sickness benefits paid by the competent Member State - Pursuit of an activity as an employed person - Comparable legal situations)

(2021/C 481/18)

Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings

Applicant: K

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)

Operative part of the judgment

| 1. | Article 65(2) and (5) of 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 (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012, must be interpreted as applying to a situation in which, before being wholly unemployed, the person concerned resided in a Member State other than the competent Member State and was not actually employed but was on sick leave and received, on that basis, sickness benefits paid by the competent Member State, provided, however, that, in accordance with the national law of the competent Member State, entitlement to such benefits is treated in the same way as the pursuit of an activity as an employed person; |
| --- | --- |

1.

Article 65(2) and (5) of 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 (EU) No 465/2012 of the European Parliament and of the Council of 22 May 2012, must be interpreted as applying to a situation in which, before being wholly unemployed, the person concerned resided in a Member State other than the competent Member State and was not actually employed but was on sick leave and received, on that basis, sickness benefits paid by the competent Member State, provided, however, that, in accordance with the national law of the competent Member State, entitlement to such benefits is treated in the same way as the pursuit of an activity as an employed person;

| 2. | Article 65(2) and (5) of Regulation No 883/2004, as amended by Regulation No 465/2012, must be interpreted as meaning that the reasons, in particular of a family nature, for which the person concerned has transferred his or her residence to a Member State other than the competent Member State do not have to be taken into account for the purposes of applying that provision. |
| --- | --- |

2.

Article 65(2) and (5) of Regulation No 883/2004, as amended by Regulation No 465/2012, must be interpreted as meaning that the reasons, in particular of a family nature, for which the person concerned has transferred his or her residence to a Member State other than the competent Member State do not have to be taken into account for the purposes of applying that provision.

---

(1)  OJ C 313, 21.9.2020.

---