24.8.2015

Official Journal of the European Union

C 279/22

(Case C-284/15)

(2015/C 279/27)

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: Office national de l’emploi (ONEm), M

Defendants: M, Office national de l’emploi (ONEm), Caisse Auxiliaire de Paiement des Allocations de Chômage (CAPAC)

Questions referred

1.Is Article 67(3) of [Council Regulation (EC) No 1408/71 (1) of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community] ... to be interpreted as precluding a Member State from refusing to aggregate periods of employment necessary to qualify for unemployment benefit to supplement income from part-time employment where that employment was not preceded by any period of insurance or of employment in that Member State?

2.If the first question is to be answered in the negative, is Article 67(3) of Regulation No 1408/71 compatible with, in particular:

—Article 48 TFEU, in so far as the condition to which Article 67(3) makes the aggregation of periods of employment subject is likely to restrict the freedom of movement of workers and their access to certain part-time employment,

—Article 45 TFEU, which entails ‘the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment’ and provides for the right for workers ‘to accept offers of employment actually made’ (including part-time employment) in other Member States, ‘to move freely within the territory of Member States for this purpose’ and to stay there ‘for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action’,

—Article 15(2) of the Charter of Fundamental Rights of the European Union, which states that ‘every citizen of the Union has the freedom to seek employment, to work, (...) in any Member State’?

Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1), as amended by Council Regulation (EC) No 1606/98 of 29 June 1998 (OJ 1998 L 209, p. 1) and Regulation (EEC) No 574/72 laying down the procedure for implementing Regulation (EEC) No 1408/71 with a view to extending them to cover special schemes for civil servants.

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