Judgment — ECLI:EU:C:2015:602
Date: 2015-09-16
Language of the case: Slovak
Court formation: First Chamber
Subject matter: Free movement of workers
Procedure: Action for failure to fulfil obligations - unfounded;Action for failure to fulfil obligations - inadmissible
Origin: Slovakia

Summary — Judgment of the Court (First Chamber), 16 September 2015 1. Actions for failure to fulfil obligations — Pre-litigation procedure — Subject-matter — Definition of the subject-matter of the dispute (Art. 258 TFEU) 2. Actions for failure to fulfil obligations — Pre-litigation procedure — Reasoned opinion not taking account of the observations made in response to the letter of formal notice — No effect on the admissibility of the action (Art. 258 TFEU) 3. Actions for failure to fulfil obligations — Pre-litigation procedure — No obligation for the Member State to present its defense in full (Art. 258 TFEU) 4. Action for failure to fulfil obligations — Proof of failure — Burden of proof on Commission — Presumptions — Not permissible — Determination of the scope of the contested provisions — Consideration of the interpretation adopted by the courts of the Member State concerned (Art. 258 TFEU) 5. Social security — Migrant workers — EU legislation — Matters covered — Benefits covered and benefits excluded — Distinguishing criteria (European Parliament and Council Regulation No 883/2004, Art. 3(1)) 6. Social security — Migrant workers — EU legislation — Substantive scope — Sickness benefits — Definition — Care allowance, personal assistance allowance and compensatory payment for extra costs which may be granted to a severely disabled person — Discretion of national authorities — Not included (European Parliament and Council Regulation No 883/2004, Art. 3(1)) 1. See the text of the decision. (see paras 39, 40) 2. In an action for failure to fulfil obligations it is, in principle, for the Commission to set out, in its reasoned opinion, its assessment of the observations made by the Member State in its response to the letter of formal notice. However, the fact that the Commission responded only briefly or not at all to the arguments of the Member State concerned seeking to establish that the benefits at issue are covered by a certain provision has no effect on the delimitation of the subject-matter of the dispute and does not make it impossible for that Member State to put an end to the alleged infringement, nor does it prejudice the rights of the defence, since by such an analysis, the Commission has excluded the applicability of that provision. (see paras 41-43) 3. See the text of the decision. (see para. 46) 4. See the text of the decision. (see paras 68, 81) 5. See the text of the decision. (see paras 70, 71) 6. A benefit may be regarded as a social security benefit in so far as it is granted to the recipients, without any individual and discretionary assessment of personal needs, on the basis of a legally defined position and it relates to one of the risks expressly listed in Article 3(1) of Regulation No 883/2004 on the coordination of social security systems. Care allowance, personal assistance allowance and compensatory allowance for extra costs which may be granted where a severely disabled person is, after a detailed expert report based on a medical report and a social report, declared dependent on personal assistance, compensation for extra costs or personal assistance, but in respect of which there is no entitlement as the competent authority has discretion as to the grant of those benefits, do not constitute social security benefits within the meaning of that regulation. The existence of such discretion, which must be exercised in a consistent and reasonable manner, does not give rise to the conclusion that the benefits at issue are granted to beneficiaries in the absence of any individual and discretionary assessment of their personal needs, on the basis of a legally defined position, even if the medical, social and detailed reports, on the basis of which the proposal as to the type of allowance to be granted as compensation is set out, are carried out on the basis of objective and legally defined criteria. (see paras 71, 74, 78-80, 82, 83)