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Case C-67/14: Judgment of the Court (Grand Chamber) of 15 September 2015 (request for a preliminary ruling from the Bundessozialgericht — Germany) — Jobcenter Berlin Neukölln v Nazifa Alimanovic and Others (Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Member State nationals who are job-seekers and resident in a different Member State — Excluded — Retention of the status of ‘worker’)
ECLI:EU:UNKNOWN:62014CA0067
62014CA0067
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9.11.2015
Official Journal of the European Union
C 371/8
(Case C-67/14) (<span class="super">1</span>)
((Reference for a preliminary ruling - Freedom of movement for persons - Citizenship of the Union - Equal treatment - Directive 2004/38/EC - Article 24(2) - Social assistance - Regulation (EC) No 883/2004 - Articles 4 and 70 - Special non-contributory cash benefits - Member State nationals who are job-seekers and resident in a different Member State - Excluded - Retention of the status of ‘worker’))
(2015/C 371/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Jobcenter Berlin Neukölln
Defendants: Nazifa Alimanovic, Sonita Alimanovic, Valentina Alimanovic, Valentino Alimanovic
Operative part of the judgment
Article 24 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 and 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, as amended by Commission Regulation (EU) No 1244/2010 of 9 December 2010, must be interpreted as not precluding legislation of a Member State under which nationals of other Member States who are in a situation such as that referred to in Article 14(4)(b) of that directive are excluded from entitlement to certain ‘special non-contributory cash benefits’ within the meaning of Article 70(2) of Regulation No 883/2004, which also constitute ‘social assistance’ within the meaning of Article 24(2) of Directive 2004/38, although those benefits are granted to nationals of the Member State concerned who are in the same situation.
(<span class="note">1</span>) OJ C 142, 12.5.2014.
* * *
Language of the case: German.
ECLI:EU:C:2015:140