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Case C-299/14: Judgment of the Court (First Chamber) of 25 February 2016 (request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen — Germany) — Vestische Arbeit Jobcenter Kreis Recklinghausen v Jovanna García-Nieto, Joel Peña Cuevas, Jovanlis Peña García, Joel Luis Peña Cruz (Reference for a preliminary ruling — Freedom of movement of persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social Assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Exclusion of nationals of a Member State during the first three months of residence in the host Member State)
ECLI:EU:UNKNOWN:62014CA0299
62014CA0299
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Official Journal of the European Union
C 145/7
(Case C-299/14)
((Reference for a preliminary ruling - Freedom of movement of persons - Citizenship of the Union - Equal treatment - Directive 2004/38/EC - Article 24(2) - Social Assistance - Regulation (EC) No 883/2004 - Articles 4 and 70 - Special non-contributory cash benefits - Exclusion of nationals of a Member State during the first three months of residence in the host Member State))
(2016/C 145/07)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant: Vestische Arbeit Jobcenter Kreis Recklinghausen
Respondents: Jovanna García-Nieto, Joel Peña Cuevas, Jovanlis Peña García, Joel Luis Peña Cruz
Operative part of the judgment
Article 24 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, and Article 4 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, as amended by Commission Regulation (EU) No 1244/2010 of 9 December 2010, must be interpreted as not precluding legislation of a Member State under which nationals of other Member States who are in a situation such as that referred to in Article 6(1) of that directive are excluded from entitlement to certain ‘special non-contributory cash benefits’ within the meaning of Article 70(2) of Regulation No 883/2004, which also constitute ‘social assistance’ within the meaning of Article 24(2) of Directive 2004/38.
(1)
OJ C 315, 19.9.2014.