CELEX: 62018CA0372
Language: en
Date: 2019-03-14 00:00:00
Title: 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)

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.