16.11.2013

EN

Official Journal of the European Union

C 336/6

(Case C-433/13)

2013/C 336/15

Language of the case: Slovak

Parties

Applicant: European Commission (represented by: A. Tokár and F. Schatz, acting as Agents)

Defendant: Slovak Republic

Form of order sought

—declare that, by refusing to provide the cash benefit for care, cash benefit for assistance and cash benefit to compensate for increased costs under Law No 447/2008 to persons entitled who have their residence in a Member State other than the Slovak Republic, the Slovak Republic has failed to fulfil its obligations under Article 48 of the Treaty on the Functioning of the European Union and Articles 7 and 21 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; (<span class="super">1</span>)

—order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The Commission submits that the cash benefit for care, cash benefit for assistance and cash benefit to compensate for increased costs under Law No 447/2008 are sickness benefits within the meaning of Article 3(1)(a) of Regulation No 883/2004 which must also be paid to persons entitled who reside outside the Member State concerned (in the present case the Slovak Republic). National legislation thus may not restrict the right of persons entitled who have their residence outside the Slovak Republic to the receipt of those benefits. The national legislation of the Slovak Republic which lays down such a restriction is therefore contrary to Article 48 TFEU and Articles 7 and 21 of Regulation No 883/2004.

(<span class="super">1</span>) OJ 2004 L 166, p. 1.