JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
15
Paragraph 7 of Book II, entitled ‘Beneficiaries’, provides as follows:
‘(1) Benefits under this Book shall be received by persons:
1.
who have attained the age of 15 years and have not yet reached the age limit referred to in
Paragraph 7a,
2.
who are fit for work,
3.
who are in need of assistance, and
4.
whose ordinary place of residence is in the Federal Republic of Germany (beneficiaries fit for
work). The following are excluded:
1.
foreign nationals who are not workers or self-employed persons in the Federal Republic of
Germany and do not enjoy the right of freedom of movement under Paragraph 2(3) of the Law
on freedom of movement of Union citizens [(Freizügigkeitsgesetz/EU, “the Law on freedom of
movement”)], and their family members, for the first three months of their residence,
2.
foreign nationals whose right of residence arises solely out of the search for employment, and their
family members,
...
Point 1 of the second sentence shall not apply to foreign nationals residing in the Federal Republic of
Germany who have been granted a residence permit under Chapter 2, Section 5, of the Law on
residence [(Aufenthaltgesetz)]. Provisions of the law governing residence shall be unaffected.
...’
16
Paragraph 8, entitled ‘Fitness for work’, of Book II provides as follows, in subparagraph 1 thereof:
‘All persons who are not incapable for the foreseeable future, because of an illness or disability, of
working for at least three hours per day under normal labour market conditions are fit for work.’
17
Paragraph 9(1) of Book II provides as follows:
‘All persons who cannot, or cannot sufficiently, cover their subsistence costs on the basis of the income
or assets to be taken into consideration and who do not receive the necessary assistance from other
persons, in particular from family members or providers of other social security benefits, are in need of
assistance.’
18
Paragraph 20 of Book II sets out additional provisions on basic subsistence needs. Paragraph 21 of
Book II lays down rules on additional needs and Paragraph 22 of Book II concerns accommodation
and heating needs. Finally, Paragraphs 28 to 30 of Book II deal with education and participation
benefits.
19
In Book XII of the Social Code (‘Book XII’), Paragraph 1, which relates to social assistance, is worded
in the following terms:
‘The function of social assistance is to enable the beneficiaries to lead a life in keeping with human
dignity. …’
ECLI:EU:C:2015:597
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