Case C-372/18: Judgment of the Court of Justice (Seventh Chamber) of 14 March 2019 (request for a preliminary ruling from the Cour administrative d’appel de Nancy — France) — Ministre de l’Action et des Comptes publics v Mr and Mrs Raymond Dreyer (Reference for a preliminary ruling — Social security — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Regulation (EC) No 883/2004 — Article 3 — Matters covered — Levies on income from assets charged to a French resident insured under the Swiss social security scheme — Levies apportioned for the funding of two benefits administered by the French National Solidarity Fund for Independent Living — Direct and sufficiently relevant link with certain branches of social security — Definition of ‘social security benefit’ — Individual assessment of an applicant’s personal needs — Taking into account the applicant’s resources in calculating the amount of the benefits)
Date: 2019-03-14
Institutions: Court of Justice
Subjects: France, Switzerland, agreement (EU), free movement of persons, social security legislation, social-security benefit, social-security harmonisation








C_2019155EN.01001501.xml










6.5.2019   


EN


Official Journal of the European Union


C 155/15






Judgment of the Court of Justice (Seventh Chamber) of 14 March 2019 (request for a preliminary ruling from the Cour administrative d’appel de Nancy — France) — Ministre de l’Action et des Comptes publics v Mr and Mrs Raymond Dreyer
(Case C-372/18) (1)

(Reference for a preliminary ruling - Social security - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Regulation (EC) No 883/2004 - Article 3 - Matters covered - Levies on income from assets charged to a French resident insured under the Swiss social security scheme - Levies apportioned for the funding of two benefits administered by the French National Solidarity Fund for Independent Living - Direct and sufficiently relevant link with certain branches of social security - Definition of ‘social security benefit’ - Individual assessment of an applicant’s personal needs - Taking into account the applicant’s resources in calculating the amount of the benefits)
(2019/C 155/19)
Language of the case: French

Referring court

Cour administrative d’appel de Nancy

Parties to the main proceedings


Appellant: Ministre de l’Action et des Comptes publics

Respondents: Mr and Mrs Raymond Dreyer

Operative part of the judgment

Article 3 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 must be interpreted as meaning that benefits, such as the personal independence allowance and the disability compensation allowance, must, for the purposes of their classification as ‘social security contributions’ within the meaning of that provision, be regarded as granted without any individual assessment of a recipient’s personal needs, since the recipient’s resources are taken into account for the sole purpose of calculating the actual amount of those benefits on the basis of legally defined, objective criteria.


(1)  OJ C 285, 13.8.2018.