CJEU: A Member State may exclude EU citizens from certain non-contributory social security benefits
Foreigners who go to Germany to obtain social assistance or whose right of residence arises solely out of a search for employment are excluded from entitlement to German benefits by way of basic provision (‘Grundsicherung’).1 In the judgment in Dano, 2 the Court of Justice recently held that such exclusion is lawful in the case of Member State nationals who go to another Member State with no intention of finding employment there.
In the present case, the Federal Social Court (Bundessozialgericht, Germany) seeks to ascertain whether such an exclusion is also lawful concerning Union citizens who have gone to a host Member State to search for employment and have already worked for a period in that State, where those benefits are granted to nationals of the host Member State who are in the same situation.
This question has arisen in proceedings between the Jobcenter Berlin Neukölln and four Swedish nationals: Ms Alimanovic, born in Bosnia, and her three children Sonita, Valentina and Valentino, born in Germany in 1994, 1998 and 1999 respectively. The Alimanovic family left Germany in 1999 for Sweden and returned to Germany in June 2010. Following their return, Nazifa Alimanovic and her eldest daughter Sonita worked in several temporary jobs lasting less than a year. Since then they have not been engaged in any occupational activity. The Alimanovic family was subsequently, during the period from 1 December 2011 to 31 May 2012, paid benefits by way of basic provision, namely subsistence allowances for the long-term unemployed (‘Arbeitslosengeld II’) payable to Nazifa Alimanovic and her daughter Sonita and social allowances for beneficiaries unfit to work for the children Valentina and Valentino. In 2012, the competent authority (Jobcenter Berlin Neukölln) finally ceased payment of the benefits; taking the view that Ms Alimanovic and her eldest daughter were excluded from entitlement to the allowances concerned as foreign jobseekers whose right of residence arose solely out of the search for employment. Consequently, that authority also excluded the other children from entitlement to the allowances pertaining to them.
In response to the questions referred by the German court, the Court has held, in its judgment delivered yesterday, that denying Union citizens whose right of residence in the territory of a host Member State arises solely out of the search for employment entitlement to certain ‘special noncontributory cash benefits’,3 which also constitute ‘social assistance’, 4 does not contravene the principle of equal treatment. 5
Latest News from
Migrant smuggling network halted with Eurojust’s support14/06/2019 16:32:00
On a joint action day, supported by Eurojust, the French & Romanian authorities arrested 11 members of an organised crime group (OCG) involved in the smuggling of 308 migrants to the UK.
EU budget 2021-2027: EC calls on leaders to set out a roadmap towards an autumn agreement14/06/2019 15:25:00
Ahead of the European Council meeting on 20 and 21 June, the EC is calling on leaders to make a push in advancing the negotiations on the EU's next long-term budget 2021-2027 so that an agreement can be reached by autumn.
EU boosts market for clean vehicles with binding procurement targets14/06/2019 13:25:00
The Council has adopted binding targets for zero- and low-emission vehicles in public procurement in each member state.
Cutting emissions: Council adopts CO2 standards for trucks14/06/2019 12:33:00
Trucks on Europe's roads will be cleaner from 2025. The Council has adopted Europe's first-ever CO2 emission standards for trucks and other heavy-duty vehicles. Under the new rules,
Transparency & sustainability of EU scientific assessment of food safety: General Food Law adopted14/06/2019 11:37:00
In future, scientific information supporting risk assessment in the food chain, and communication on food safety will be more transparent and easier to access for the citizens. Moreover the governance of the European Food Safety Authority (EFSA) will be strengthened, with greater involvement of member states in it.
Better work-life balance for parents and carers in the EU: Council adopts new rules14/06/2019 10:48:00
The Council Has adopted a Directive on work-life balance for parents & carers which aims to increase the participation of women in the labour market & the take-up of family-related leave & flexible working arrangements. The new act also provides opportunities for workers to be granted leave to care for relatives who need support.
Deepening Europe's Economic and Monetary Union: EC takes stock of progress13/06/2019 15:25:00
Ahead of the Euro Summit on 21 June 2019, the EC has taken stock of the progress made to deepen Europe's Economic and Monetary Union since the Five Presidents' Report and calls on Member States to take further concrete steps.
‘No-deal' Brexit: EC takes stock of preparations ahead of the June European Council (Article 50)13/06/2019 12:25:00
Ahead of the June European Council (Article 50), the EC has taken stock – in its fifth Brexit Preparedness Communication – of the EU's Brexit preparedness & contingency measures, particularly in light of the decision taken on 11 April by the European Council (Article 50), at the request of and in agreement with the UK, to extend the Article 50 period to 31 October 2019.
ESMA to address regulatory concerns over Frequent Batch Auctions12/06/2019 15:25:00
The European Securities and Markets Authority (ESMA) has published its Final Report on Frequent batch auctions (FBAs). ESMA identified 4main characteristics of FBA trading systems through its call for evidence and intends to issue supervisory guidance on pre-trade transparency and on the price determination process of FBAs.
Mergers: EC prohibits proposed merger between Tata Steel and ThyssenKrupp12/06/2019 13:33:00
The EC has prohibited the creation of a joint venture by Tata Steel and ThyssenKrupp under the EU Merger Regulation. The merger would have reduced competition and increased prices for different types of steel. The parties did not offer adequate remedies to address these concerns.