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ECJ: Important new reference on access to benefits and EU citizenship

23 April 2008

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An important new reference on access to benefits and EU citizenship.

Reference for a preliminary ruling from the Sozialgericht Nürnberg (Germany) lodged on 22 January 2008 - Josif Koupatantze v Arbeitsgemeinschaft (ARGE) Nürnberg 900

(Case C-23/08)
 
Language of the case: German
 
Referring court
Sozialgericht Nürnberg
 
Parties to the main proceedings
Applicant: Josif Koupatantze
Defendant: Arbeitsgemeinschaft (ARGE) Nürnberg 900
 
Questions referred
 
Is Article 24(2) of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 1 compatible with Article 12 EC in conjunction with Article 39 EC?
 
If the answer to question 1 is in the negative, does Article 12 EC in conjunction with Article 39 EC preclude national rules which exclude Union citizens from receipt of social assistance if the maximum period of residence permitted under Article 6 of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004 has been exceeded and there is no right of residence under other provisions?
 
If the answer to question 1 is in the affirmative, does Article 12 EC preclude national rules which exclude nationals of Member States of the European Union even from receipt of the social assistance benefits which are granted to illegal immigrants?
 
See also Case C-22/08, which asks identical questions.

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