JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
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Ms Alimanovic and her daughter Sonita, among others, were thus precluded from claiming subsistence
allowances for the long-term unemployed on the basis of Paragraph 7(1), second sentence, point 2, of
Book II, which excludes both persons whose right of residence arises solely out of the search for
employment and their family members from entitlement to the benefits provided for by that
legislation.
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The referring court therefore, first, raises the issue of whether that provision of Book II breaches the
principle of equal treatment laid down in Article 4 of Regulation No 883/2004.
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Secondly, that court raises the issue of whether that provision of Book II may be regarded as a valid
transposition of Article 24(2) of Directive 2004/38 into domestic law or, should that latter provision
be held inapplicable, whether it infringes Article 45(2) TFEU, read in conjunction with Article 18
TFEU.
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In those circumstances, the Bundessozialgericht (Federal Social Court) decided to stay the proceedings
and to refer the following questions to the Court of Justice for a preliminary ruling:
‘(1) Does the principle of equal treatment under Article 4 of Regulation [No 883/2004] — with the
exception of the clause in Article 70(4) [thereof] excluding the provision of benefits outside the
Member State of residence — apply also to the special non-contributory cash benefits referred to
in Article 70(1) and (2) of Regulation [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 that do not in any circumstances allow access to
those benefits in the case in which the right of residence of the citizen of the Union in another
Member State arises solely out of the search for employment and, if so, to what extent may that
principle be so limited?
(3) Does Article 45(2) TFEU, [read] in conjunction with Article 18 TFEU, preclude a provision of
national law that does not in any circumstances allow the grant of a social benefit, intended to
ensure subsistence and to facilitate access to the labour market, to citizens of the Union who, as
job-seekers, may invoke the exercise of their right of free movement when they enjoy a right of
residence arising solely out of the search for employment, irrespective of a link to the host
Member State?’
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By letter of 26 November 2014, the Court Registry sent the referring court the judgment in Dano
(C-333/13, EU:C:2014:2358), requesting it to inform it whether, in the light of the first point in the
operative part of that judgment, it still wished to refer the first question in the order for reference. By
order of 11 February 2015, received at the Court Registry on 19 February 2015, the Federal Social
Court decided that it would withdraw the first question referred.
Consideration of the questions referred
The classification of the benefits at issue
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The file submitted to the Court states that the referring court is of the view that the rights of residence
held by Ms Alimanovic and her daughter Sonita arise solely out of their status as job-seekers and that
it is bound by the findings of fact made by the court of first instance in that regard.
ECLI:EU:C:2015:597
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