Case C-411/20: Judgment of the Court (Grand Chamber) of 1 August 2022 (request for a preliminary ruling from the Finanzgericht Bremen — Germany) — S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit (Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement of persons — Equal treatment — Directive 2004/38/EC — Article 24(1) and (2) — Social security benefits — Regulation (EC) No 883/2004 — Article 4 — Family benefits — Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State)
Date: 2022-08-01
Institutions: Court of Justice
Subjects: European citizenship, economic activity, equal treatment, family benefit, free movement of persons, residence, social security legislation








C_2022408EN.01000702.xml










24.10.2022   


EN


Official Journal of the European Union


C 408/7






Judgment of the Court (Grand Chamber) of 1 August 2022 (request for a preliminary ruling from the Finanzgericht Bremen — Germany) — S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
(Case C-411/20) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Freedom of movement of persons - Equal treatment - Directive 2004/38/EC - Article 24(1) and (2) - Social security benefits - Regulation (EC) No 883/2004 - Article 4 - Family benefits - Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State)
(2022/C 408/08)
Language of the case: German

Referring court

Finanzgericht Bremen

Parties to the main proceedings


Applicant: S

Defendant: Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit

Operative part of the judgment

Article 4 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 precluding legislation of a Member State under which a Union citizen, who is a national of another Member State, who has established his or her habitual residence on the territory of the first Member State and who is economically inactive in so far as he or she is not in gainful employment in that State, is refused an entitlement to ‘family benefits’, within the meaning of Article 3(1)(j) of that regulation, read in conjunction with Article 1(z) thereof, during the first three months of his or her residence in the territory of that Member State, whereas an economically inactive national of that Member State is entitled to such benefits, including during the first three months following his or her return to the same Member State after having made use, under EU law, of his or her right to move and reside in another Member State.
Article 24(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as meaning that it is not applicable to such legislation.


(1)  
            OJ C 423, 7.12.2020.