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Case C-284/15: Judgment of the Court (Sixth Chamber) of 7 April 2016 (request for a preliminary ruling from the Cour du travail de Brussels — Belgium) — Office national de l’emploi (ONEm), M v M, Office national de l’emploi (ONEm), Caisse auxiliaire de paiement des allocations de chômage (CAPAC) (Reference for a preliminary ruling — Article 45 TFEU and Article 48 TFEU — Charter of Fundamental Rights of the European Union — Article 15(2) — Regulation (EEC) No 1408/71 — Article 67(3) — Social security — Unemployment benefit to supplement income from part-time employment — Award of that benefit — Completion of periods of employment — Aggregation of periods of insurance or employment — Taking into account of periods of insurance or employment completed under the legislation of another Member State)
ECLI:EU:UNKNOWN:62015CA0284
62015CA0284
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13.6.2016
Official Journal of the European Union
C 211/21
(Case C-284/15) (*)
((Reference for a preliminary ruling - Article 45 TFEU and Article 48 TFEU - Charter of Fundamental Rights of the European Union - Article 15(2) - Regulation (EEC) No 1408/71 - Article 67(3) - Social security - Unemployment benefit to supplement income from part-time employment - Award of that benefit - Completion of periods of employment - Aggregation of periods of insurance or employment - Taking into account of periods of insurance or employment completed under the legislation of another Member State))
(2016/C 211/26)
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)
Operative part of the judgment
1.Article 67(3) of Regulation (EEC) No 1408/71 of the Council 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, in the version amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 592/2008 of 17 June 2008, must be interpreted as not 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.Consideration of the second question has not disclosed any factor of such a kind as to affect the validity of Article 67(3) of Regulation No 1408/71, in the version amended and updated by Regulation No 118/97, as amended by Regulation No 592/2008.
(*) Language of the case: French.