JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
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Pursuant to Article 16(b) of the Assistance Convention, ‘[e]ach Contracting Party shall notify to the
Secretary General of the Council of Europe any new law or regulation not already included in
Annex I. At the time of making such notification a Contracting Party may make a reservation in
respect of the application of this new law or regulation to the nationals of other Contracting Parties’.
The reservation issued by the German Government on 19 December 2011 under that provision is
worded as follows:
‘[t]he Government of the Federal Republic of Germany does not undertake to grant to the nationals of
the other Contracting Parties, equally and under the same conditions as its own nationals, the benefits
provided for in Book Two of the Social Code [(Sozialgesetzbuch Zweites Buch, “Book II”)] — Basic
Income Support for Job-seekers — in the latest applicable version.’
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That reservation was notified to the other parties to the Assistance Convention in accordance with
Article 16(c) of that convention.
EU law
Regulation No 883/2004
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Article 4 of Regulation No 883/2004, headed ‘Equality of treatment’, provides as follows:
‘Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy
the same benefits and be subject to the same obligations under the legislation of any Member State as
the nationals thereof.’
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Article 70 of that Regulation, entitled ‘General provision’, is included under Title III, Chapter 9,
thereof, on ‘[s]pecial non-contributory cash benefits’. That article provides as follows:
‘1. This Article shall apply to special non-contributory cash benefits which are provided under
legislation which, because of its personal scope, objectives and/or conditions for entitlement, has
characteristics both of the social security legislation referred to in Article 3(1) and of social assistance.
2. For the purposes of this Chapter, “special non-contributory cash benefits” means those which:
(a) are intended to provide either:
(i)
supplementary, substitute or ancillary cover against the risks covered by the branches of
social security referred to in Article 3(1), and which guarantee the persons concerned a
minimum subsistence income having regard to the economic and social situation in the
Member State concerned;
or
(ii) solely specific protection for the disabled, closely linked to the said person’s social
environment in the Member State concerned,
and
(b) where the financing exclusively derives from compulsory taxation intended to cover general public
expenditure and the conditions for providing and for calculating the benefits are not dependent
on any contribution in respect of the beneficiary. However, benefits provided to supplement a
contributory benefit shall not be considered to be contributory benefits for this reason alone,
ECLI:EU:C:2015:597
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