JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
and
(c) are listed in Annex X.
3. Article 7 and the other Chapters of this Title shall not apply to the benefits referred to in
paragraph 2 of this Article.
4. The benefits referred to in paragraph 2 shall be provided exclusively in the Member State in which
the persons concerned reside, in accordance with its legislation. Such benefits shall be provided by and
at the expense of the institution of the place of residence.’
8
Annex X to Regulation No 883/2004, which is entitled ‘Special non-contributory cash benefits’,
specifies the following benefits as regards the Federal Republic of Germany:
‘...
(b) Benefits to cover subsistence costs under the basic provision for jobseekers unless, with respect to
these benefits, the eligibility requirements for a temporary supplement following receipt of
unemployment benefit (Article [Paragraph] 24(1) of Book II of the Social Code) are fulfilled.’
Directive 2004/38
9
Recitals 10, 16 and 21 in the preamble to Directive 2004/38 state:
‘(10) Persons exercising their right of residence should not, however, become an unreasonable burden
on the social assistance system of the host Member State during an initial period of residence.
Therefore, the right of residence for Union citizens and their family members for periods in
excess of three months should be subject to conditions.
...
(16) As long as the beneficiaries of the right of residence do not become an unreasonable burden on
the social assistance system of the host Member State they should not be expelled. Therefore, an
expulsion measure should not be the automatic consequence of recourse to the social assistance
system. The host Member State should examine whether it is a case of temporary difficulties and
take into account the duration of residence, the personal circumstances and the amount of aid
granted in order to consider whether the beneficiary has become an unreasonable burden on its
social assistance system and to proceed to his expulsion. In no case should an expulsion measure
be adopted against workers, self-employed persons or job-seekers as defined by the Court of
Justice save on grounds of public policy or public security.
...
(21) However, it should be left to the host Member State to decide whether it will grant social
assistance during the first three months of residence, or for a longer period in the case of
job-seekers, to Union citizens other than those who are workers or self-employed persons or
who retain that status or their family members, or maintenance assistance for studies, including
vocational training, prior to acquisition of the right of permanent residence, to these same
persons.’
4
ECLI:EU:C:2015:597