CELEX: 62011CA0367
Language: en
Date: 2012-10-25 00:00:00
Title: Case C-367/11: Judgment of the Court (Fourth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Déborah Prete v Office national de l’emploi (Freedom of movement for persons — Article 39 EC — National of a Member State seeking employment in another Member State — Equal treatment — Tideover allowance for young persons seeking their first job — Grant subject to completion of at least six years’ studies in the host State)

22.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/6
            
         Judgment of the Court (Fourth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Déborah Prete v Office national de l’emploi
   (Case C-367/11) (1)
   
   (Freedom of movement for persons - Article 39 EC - National of a Member State seeking employment in another Member State - Equal treatment - Tideover allowance for young persons seeking their first job - Grant subject to completion of at least six years’ studies in the host State)
   2012/C 399/08
   Language of the case: French
   
      Referring court
   
   Cour de cassation
   
      Parties to the main proceedings
   
   
      Applicant: Déborah Prete
   
      Defendant: Office national de l’emploi
   
      Re:
   
   Reference for a preliminary ruling — Cour de cassation (Belgium) — Interpretation of Articles 12, 17, 18 and 39 EC (now Articles 18, 20, 21 and 45 TFEU) — Tideover allowance for young persons seeking their first job — Grant subject to completion of at least six years’ studies at an educational establishment in the Member State concerned — Refusal to grant it to a national of another Member State who completed her secondary studies in that other State, on the sole ground that the above condition was not fulfilled — Factors to be taken into account to appraise the young person’s link to the national employment market
   
      Operative part of the judgment
   
   Article 39 EC precludes a national provision such as that at issue in the main proceedings, which makes the right to a tideover allowance for the benefit of young people looking for their first job subject to the condition that the person concerned has completed at least six years’ studies in an educational establishment of the host Member State, insofar as that condition prevents other representative factors liable to establish the existence of a real link between the person claiming the allowance and the geographic labour market concerned being taken into account and accordingly goes beyond what is necessary to attain the aim pursued by that provision which is to ensure that such a link exists.
   
      (1)  OJ C 282, 24.9.2011.