Case C-488/21, Chief Appeals Officer and Others: Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Court of Appeal — Ireland) — GV v Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General (Reference for a preliminary ruling — Citizenship of the European Union — Articles 21 and 45 TFEU — Right of Union citizens to move and reside freely in the territory of the Member States — Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin — Directive 2004/38/EC — Article 3 — Beneficiaries — Article 2(2)(d) — Family member — Dependent direct relatives in the ascending line of a worker who is a Union citizen — Article 7(1)(a) and (d) — Right of residence for more than three months — Retention of the status of dependant in the host Member State — Article 14(2) — Retention of the right of residence — Regulation (EU) No 492/2011 — Article 7(2) — Equal treatment — Social advantages — Social assistance benefits — Unreasonable burden on the social assistance system of the host Member State)
Date: 2023-12-21
Institutions: Court of Justice
Subjects: EU national, dependant, descendant, residence permit, social-security benefit, worker (EU)








C_202401366EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/1366


19.2.2024





Judgment of the Court (Grand Chamber) of 21 December 2023 (request for a preliminary ruling from the Court of Appeal — Ireland) — GV v Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General
(Case C-488/21, (1) Chief Appeals Officer and Others)
(Reference for a preliminary ruling - Citizenship of the European Union - Articles 21 and 45 TFEU - Right of Union citizens to move and reside freely in the territory of the Member States - Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin - Directive 2004/38/EC - Article 3 - Beneficiaries - Article 2(2)(d) - Family member - Dependent direct relatives in the ascending line of a worker who is a Union citizen - Article 7(1)(a) and (d) - Right of residence for more than three months - Retention of the status of dependant in the host Member State - Article 14(2) - Retention of the right of residence - Regulation (EU) No 492/2011 - Article 7(2) - Equal treatment - Social advantages - Social assistance benefits - Unreasonable burden on the social assistance system of the host Member State)
(C/2024/1366)
Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings


Applicant: GV

Defendant: Chief Appeals Officer, Social Welfare Appeals Office, Minister for Employment Affairs and Social Protection, Ireland, Attorney General

Operative part of the judgment

Article 45 TFEU, as implemented by Article 7(2) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union, read in combination with Article 2(2)(d), Article 7(1)(a) and (d) and Article 14(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 precluding legislation of a Member State which permits the authorities of that Member State to refuse to grant a social assistance benefit to a direct relative in the ascending line who, at the time the application for that benefit is made, is dependent on a worker who is a Union citizen, or even to withdraw from him or her the right of residence for more than three months, on the ground that the grant of the said benefit would have the effect that that family member would no longer be dependent on the worker who is a Union citizen and would thus become an unreasonable burden on the social assistance system of the said Member State.


(1)  
            OJ C 422 18.10.2021.


ELI: http://data.europa.eu/eli/C/2024/1366/oj
ISSN 1977-091X (electronic edition)