JUDGMENT OF 15. 9. 2015 — CASE C-67/14
ALIMANOVIC
(b) the Union citizens entered the territory of the host Member State in order to seek employment. In
this case, the Union citizens and their family members may not be expelled for as long as the
Union citizens can provide evidence that they are continuing to seek employment and that they
have a genuine chance of being engaged.’
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Article 24 of that directive, entitled ‘Equal treatment’, provides as follows:
‘1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, all
Union citizens residing on the basis of this Directive in the territory of the host Member State shall
enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The
benefit of this right shall be extended to family members who are not nationals of a Member State
and who have the right of residence or permanent residence.
2. By way of derogation from paragraph 1, the host Member State shall not be obliged to confer
entitlement to social assistance during the first three months of residence or, where appropriate, the
longer period provided for in Article 14(4)(b), nor shall it be obliged, prior to acquisition of the right
of permanent residence, to grant maintenance aid for studies, including vocational training, consisting
in student grants or student loans to persons other than workers, self-employed persons, persons who
retain such status and members of their families.’
German law
The Social Code
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Paragraph 19a(1) of Book I of the Social Code sets out the two types of benefit granted by way of basic
provision for job-seekers as follows:
‘Under the entitlement to basic provision for job-seekers, the following may be claimed:
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1.
benefits for integration into the labour market,
2.
benefits to cover subsistence costs.’
Paragraph 1 of Book II, entitled ‘Function and objective of basic provision for job-seekers’, provides as
follows, in subparagraphs 1 and 3:
‘(1) Basic provision for job-seekers is intended to enable its beneficiaries to lead a life in keeping with
human dignity.
…
(3) Basic provision for job-seekers encompasses benefits:
1.
intended to bring to an end or reduce the need for assistance, in particular by integration into the
labour market, and
2.
intended to cover subsistence costs.’
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ECLI:EU:C:2015:597