Case C-257/24, Städteregion Aachen: Judgment of the Court (Tenth Chamber) of 10 July 2025 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen – Germany) – PE, legally represented by her parents v Städteregion Aachen (Reference for a preliminary ruling – Social security – Migrant workers – Regulation (EC) No 883/2004 – Article 3 – Matters covered – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7 – Equal treatment – Social advantages – Disabled minor child of a frontier worker – Integration assistance in the form of school assistance benefits for disabled children – Residence requirement – Proportionality)
Date: 2025-07-10
Institutions: Court of Justice
Subjects: care allowance, care of people with disabilities, equal treatment, free movement of persons, integration of people with disabilities, migrant worker, social security legislation, special education, young person








C_202504724EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4724


8.9.2025






Judgment of the Court (Tenth Chamber) of 10 July 2025 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen – Germany) – PE, legally represented by her parents v Städteregion Aachen


(Case C-257/24,
                (1)
Städteregion Aachen)

(Reference for a preliminary ruling - Social security - Migrant workers - Regulation (EC) No 883/2004 - Article 3 - Matters covered - Freedom of movement for workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 7 - Equal treatment - Social advantages - Disabled minor child of a frontier worker - Integration assistance in the form of school assistance benefits for disabled children - Residence requirement - Proportionality)
(C/2025/4724)
Language of the case: German

Referring court

Landessozialgericht Nordrhein-Westfalen

Parties to the main proceedings


Applicant: PE, legally represented by her parents

Defendant: Städteregion Aachen

Operative part of the judgment







1.


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, as amended by Regulation (EC) No 988/2009 of the European Parliament and of the Council of 16 September 2009,
must be interpreted as meaning that a benefit, such as the integration aid in the form of school assistance benefits for disabled children provided for in the Neuntes Buch Sozialgesetzbuch (Book IX of the Social Code), does not fall within the material scope of Regulation No 883/2004, as amended by Regulation No 988/2009, since the grant of that benefit is not subject to objective criteria, but is based on an individual assessment by the competent national authority of the needs of the person concerned.










2.


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
must be interpreted as precluding national legislation which makes the grant of integration aid in the form of school assistance benefits to the disabled child of a frontier worker who is a Union national conditional on that child residing in the national territory, since such a requirement goes beyond what is necessary to attain the objectives pursued by that legislation.






(1)  OJ C, C/2024/5296.


ELI: http://data.europa.eu/eli/C/2025/4724/oj
ISSN 1977-091X (electronic edition)