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Case C-411/20: Judgment of the Court (Grand Chamber) of 1 August 2022 (request for a preliminary ruling from the Finanzgericht Bremen — Germany) — S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit (Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement of persons — Equal treatment — Directive 2004/38/EC — Article 24(1) and (2) — Social security benefits — Regulation (EC) No 883/2004 — Article 4 — Family benefits — Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State)
ECLI:EU:UNKNOWN:62020CA0411
62020CA0411
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Official Journal of the European Union
C 408/7
(Case C-411/20) (<span class="oj-super oj-note-tag">1</span>)
(Reference for a preliminary ruling - Citizenship of the Union - Freedom of movement of persons - Equal treatment - Directive 2004/38/EC - Article 24(1) and (2) - Social security benefits - Regulation (EC) No 883/2004 - Article 4 - Family benefits - Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State)
(2022/C 408/08)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: S
Defendant: Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Operative part of the judgment
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 must be interpreted as precluding legislation of a Member State under which a Union citizen, who is a national of another Member State, who has established his or her habitual residence on the territory of the first Member State and who is economically inactive in so far as he or she is not in gainful employment in that State, is refused an entitlement to ‘family benefits’, within the meaning of Article 3(1)(j) of that regulation, read in conjunction with Article 1(z) thereof, during the first three months of his or her residence in the territory of that Member State, whereas an economically inactive national of that Member State is entitled to such benefits, including during the first three months following his or her return to the same Member State after having made use, under EU law, of his or her right to move and reside in another Member State.
Article 24(2) 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 must be interpreted as meaning that it is not applicable to such legislation.
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Language of the case: German.