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

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

Date

23 April 2008

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.