Judgment — ECLI:EU:C:2014:2199
Date: 2014-09-11
Language of the case: Czech
Court formation: Ninth Chamber
Subject matter: Social security for migrant workers
Procedure: Reference for a preliminary ruling
Origin: Czechia

Summary — Judgment of the Court (Ninth Chamber), 11 September 2014 1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Jurisdiction of the national court — Establishing and assessing the facts of the dispute — Need for a preliminary ruling and relevance of the questions raised — Assessment by the national court (Art. 267 TFEU) 2. Questions referred for a preliminary ruling — Jurisdiction of the Court — Identification of the relevant aspects of EU law — Reformulation of the questions (Art. 267 TFEU) 3. Social security — Migrant workers — Family benefits — Legislation applicable –Whether a Member State has competence on the sole ground that the person applying for family benefits is registered as being permanently resident in that Member State — Not permissible — A Member State lacks competence where there is no specific and particularly close connecting factors between the situation at issue and the territory of that Member State (Council Regulation No 1408/71, as amended by Regulation No 592/2008, Art. 13) 4. Social security — Migrant workers — Family benefits — Legislation applicable — Whether a Member State has competence on the sole ground that the person applying for family benefits is registered as being permanently resident in that Member State — Not permissible (European Parliament and Council Regulation No 883/2004, as amended by Regulation No 988/2009, Art. 11) 1. See the text of the decision. (see para. 19) 2. See the text of the decision. (see para. 21) 3. Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 592/2008, 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. (see para. 30, operative part 1) 4. Regulation No 883/2004 on the coordination of social security systems, as amended by Regulation No 988/2009, 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. (see para. 36, operative part 2)