The Court Of The European Union

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The case in question concerns Romanian nationals who were refused a grant of benefits by way of basic provision by Jobcenter Leipzig on 28 September 2011. After they were refused a second time they lodged an administrative objection which was dismissed. On 1 July 2012 Ms Dano and her son challenged that decision before the Sozialgericht Leipzig . The Court of Justice of the European Union decided that Regulation (EC) No 883/2004 must be construed as meaning that ‘special non-contributory cash benefits’ fall within the scope of Article 4 of the regulation . Also, Article 24(I) of the European Parliament and of the Council of 29 April 2004 should be understood as not precluding legislation of a Member State whereby nationals of other…show more content…
The requirement that economically inactive Union citizens must have sufficient resources for themselves and their family members is included there. Therefore, Article 7(1)(b) of Directive 2004/38 seeks to stop economically inactive Union citizens from becoming unreasonable burdens on the state welfare system. As a result, a member state can refuse to grant social benefits to economically inactive Union citizens who use their right to free movement to take advantage of another Member State’s social assistance when they do not have sufficient resources to claim a right of residence. The applicants lacked the sufficient resources to claim a right of residence and so could not invoke the principle of non-discrimination in Article 24(1) of the directive . The reasoning behind the fourth question was that Member States are not implementing EU Law when laying down the conditions for the grant of special non-contributory cash benefits For the Court to have decided that Ms Dano should be allowed to claim special non-contributory cash benefits would allow economically inactive migrants to take advantage of the welfare system of the Member State they have migrated to putting an unreasonable burden on the Member State to provide for these migrants who do not have sufficient funds. The
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