15.9.2014

Official Journal of the European Union

C 315/38

(Case C-299/14)

2014/C 315/61

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Vestische Arbeit Jobcenter Kreis Recklinghausen

Defendants: Jovanna Garcia-Nieto, Joel Pena Cuevas, Jovanlis Pena Garcia, Joel Luis Pena Cruz

Questions referred

1.Does the principle of equal treatment under Article 4 of Regulation (EC) No 883/2004 (1) — with the exception of the clause in Article 70(4) of Regulation (EC) No 883/2004 excluding the provision of benefits outside the Member State of residence — also apply to the special non-contributory cash benefits referred to in Article 70(1) and (2) of Regulation (EC) No 883/2004?

2.If the first question is answered in the affirmative: may the principle of equal treatment laid down in Article 4 of Regulation No 883/2004 be limited by provisions of national legislation implementing Article 24(2) of Directive 2004/38/EC (2) which do not under any circumstances allow access to those benefits for the first three months of residence where European Union citizens in the Federal Republic of Germany are neither employed or self-employed persons nor entitled to exercise freedom of movement under Paragraph 2(3) of the Freizügigkeitsgesetz/EU (Law on Freedom of Movement for EU Citizens, ‘the FreizügG/EU’) and, if so, to what extent may that principle be limited?

3.If the first question is answered in the negative: do other principles of equal treatment under primary law — in particular Article 45(2) TFEU in conjunction with Article 18 TFEU — preclude a national provision which does not under any circumstances allow the grant of a social benefit which is intended to ensure subsistence and to facilitate access to the labour market in their first three months of residence to European Union citizens who are neither employed or self-employed persons nor entitled to exercise freedom of movement under Paragraph 2(3) of the FreizügG/EU, but who can demonstrate a genuine link to the host State and, in particular, to the labour market of that host State?

(1) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).

(2) 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).

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