Familienkasse Niedersachsen-Bremen (Opinion) French Text [2021] EUECJ C-411/20_O (16 December 2021)

Familienkasse Niedersachsen-Bremen (Opinion) French Text [2021] EUECJ C-411/20_O (16 December 2021)

The exclusion of economically inactive EU citizens from family benefits during the first three months of residence, when such exclusion is not imposed on returning nationals, constitutes direct discrimination on grounds of nationality. Family allowances in question are social security benefits, not social...

Source-derived case information.

Citation
[2021] EUECJ C-411/20_O
Parties
Applicant: S; Respondent: Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before the Court of Justice of the European Union
Outcome
Opinion that the exclusion is contrary to EU law; Article 4 of Regulation (EC) No 883/2004 precludes such national legislation.
Legal Topics
Equality of Treatment, Non Discrimination on Grounds of Nationality, Social Security Coordination, Family Benefits, Citizenship of the Union, Directive 2004/38/ec, Regulation (ec) No 883/2004
European Union Law Social Security Law Free Movement of Persons Equality of Treatment Non Discrimination on Grounds of Nationality Social Security Coordination Family Benefits Citizenship of the Union +2 more

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Parties

S

Applicant

Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit

Respondent

Procedural Posture

Preliminary Reference (opinion of Advocate General) / Opinion of Advocate General Before the Court of Justice of the European Union

  1. 1 Whether a Member State may exclude economically inactive EU citizens from family benefits during the first three months of residence if they do not have national income, while nationals returning from another Member State are entitled without such condition.
  2. 2 Whether such exclusion constitutes discrimination prohibited by Article 4 of Regulation (EC) No 883/2004 and Article 24 of Directive 2004/38/EC.

Ratio Decidendi

The exclusion of economically inactive EU citizens from family benefits during the first three months of residence, when such exclusion is not imposed on returning nationals, constitutes direct discrimination on grounds of nationality. Family allowances in question are social security benefits, not social assistance, and thus fall under the equality of treatment principle in Article 4 of Regulation (EC) No 883/2004. The derogation in Article 24(2) of Directive 2004/38/EC does not apply. No justification under EU law permits such discrimination.

Court Disposition

Opinion that the exclusion is contrary to EU law; Article 4 of Regulation (EC) No 883/2004 precludes such national legislation.