Official Journal of the European Union

C series

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C/2025/4579

(Case C-375/25, Sotsialno podpomagane Varna)

(C/2025/4579)

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Yu.Sht.

Defendant: Direktor na Direktsia ‘Sotsialno podpomagane’ Varna

Questions referred

Does the principle of equal treatment provided for in Article 11 of Directive 2003/109 (1) allow a national provision, such as Article 3(5) of the ZSPD (Bulgarian Law on family benefits for children), which restricts the entitlement to a family benefit for children within the meaning of Article 7(1) of that law to third-country nationals entitled to permanent residency in the Republic of Bulgaria if the receipt of that benefit is not provided for in another law or in an international treaty to which the Republic of Bulgaria is bound as a contracting State?

Must Article 11(4) in conjunction with recital 13 of Directive 2003/109 be interpreted as meaning that every family benefit constitutes a core benefit within the meaning of those provisions, or is it for the national court to assess whether a specific benefit constitutes a core benefit? If the latter is found to be the case, what criteria should be used to make that assessment and what circumstances should be taken into account?

Is it relevant to the classification of a family benefit, such as the one at issue in the main proceedings, as a core benefit that the applicants have the right, under the same conditions as Bulgarian nationals, to other social assistance intended to meet basic needs, but have not exercised that right or do not meet the conditions for it?

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Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).

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ELI: http://data.europa.eu/eli/C/2025/4579/oj

ISSN 1977-091X (electronic edition)

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