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Case C-140/12: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria), lodged on 19 March 2012 — Pensionsversicherungsanstalt v Peter Brey
ECLI:EU:UNKNOWN:62012CN0140
62012CN0140
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Official Journal of the European Union
C 165/12
(Case C-140/12)
2012/C 165/19
Language of the case: German
Referring court
Parties to the main proceedings
Appellant on a point of law: Pensionsversicherungsanstalt
Respondent to the appeal on a point of law: Peter Brey
Question referred
Is a compensatory supplement to be regarded as a ‘social assistance’ benefit within the terms contemplated in Article 7(1)(b) of Directive 2004/38/EC (1) of the European Parliament and of the Council of 29 April 2004?
* 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 (OJ 2004 L 158, p. 77).
Language of the case: German