JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
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Paragraph 21 of Book XII provides as follows:
‘Subsistence benefits shall not be paid to persons who are in principle entitled to benefits under [Book
II] because they are fit for work or because of their family ties. …’
The Law on freedom of movement
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The scope of the Law on freedom of movement, as applicable to the facts of the main proceedings, is
laid down in Paragraph 1 of that law:
‘This Law shall govern the entry and residence of nationals of other Member States of the European
Union (Union citizens) and their family members.’
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Paragraph 2 of the Law on freedom of movement provides as follows, on the right of entry and
residence:
‘(1) Union citizens who are entitled to freedom of movement and their family members shall have the
right to enter and reside in federal territory, subject to the provisions of this Law.
(2) The following are entitled to freedom of movement under EU law:
1.
Union citizens who wish to reside in federal territory as workers or for the purpose of seeking
employment or pursuing vocational training,
…
5.
Union citizens who are not working, subject to the conditions laid down in Paragraph 4,
6.
family members, subject to the conditions laid down in Paragraphs 3 and 4,
…
(3) For workers and self-employed persons, the right provided for in subparagraph 1 is without
prejudice:
1.
to temporary incapacity for work as the result of an illness or accident,
2.
to involuntary unemployment confirmed by the relevant employment office or termination of
self-employment owing to circumstances beyond the control of the self-employed person, after
more than one year of work,
3.
to vocational training where that training is linked to the previous employment; the two need not
be linked where the Union citizen is involuntarily unemployed.
The right derived from subparagraph 1 shall be retained for a period of six months in the event of
involuntary unemployment confirmed by the relevant employment office after a period of
employment of less than one year.
…’
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ECLI:EU:C:2015:597