Overview of Recent Cases before the Court of Justice of the European Union (July–December 2015)
| Author | Anne Pieter van der Mei |
| DOI | 10.1177/138826271601800104 |
| Published date | 01 March 2016 |
| Date | 01 March 2016 |
| Subject Matter | Recent Case Law |
74 Intersentia
OVERVIEW OF RECENT CASES
BEFORE THE COURT OF JUSTICE
OF THE EUROPEAN UNION
(JULY-DECEMBER 2015)
A P M*
In the second half of 2015 the Court of Just ice of the European Union (CJEU) delivered
a comparatively small number of r ulings relevant to the eld of social secu rity. Among
these, however, were some particularly i nteresting ones. e one t hat stands out is the
judgment in Alimanovic , in which the CJEU was again called upon to address the
politically sensitive issue of the access of economically inactive EU citizens to social
assistance bene ts. In addition, the CJEU delivered judgments concern ing portability
of bene ts (the Commission v Slovakia cases), the legal value of E 101 certi cates
for Rhine Boatmen and the so-called acte claire doctrine (X and van Dijk), family
bene ts (Trapkowski) and the ‘coordination’ between the EU social securit y system
and national social s ecurity systems (Wojciechowski).
1. JOBSEEKERS AND ECONOMICALLY INACTIVE
EU CITIZENS IN NEED OF SOCIAL ASSISTANCE:
ALIMANOVIC
A er Brey (2013)1 and Dano (2014)2, Alimanovic3 is the th ird in a series of rulings in
which the CJEU has weakened t he legal status under EU law of economically inact ive
EU citizens who, while residing in another Member State, are or become in need of
social assistance. In Brey the CJEU held that special non-contributory cash bene ts
(SNCBs) in the sense of Article 70 of Regulation 883/2004 may constitute ‘socia l
* Assoc iate Prof esso r in E U La w, Maa str icht Cent re fo r Eu rope an l aw. Add res s: P.O. B ox 616 , 620 0 MD
Maastricht, e Netherlands; tel: +31 43 3884 832; e-mail: ap.vandermei@ma astrichtunivers ity.nl.
1 Pensionsversicher ungsanstalt v Peter Brey, Cas e C-140/12, ECLI:EU:C:2013:565, as reported in
M (2014).
2 Elisabeta Dano and Flo rin Dano v Jobcent er Leipzig, C ase C-333/13, ECLI: EU:C:2014: 2358, a s
reported in M (2015).
3 Jobcenter Berlin Neuköl ln v Nazifa Alimanovic and O thers, Case C-67/14, ECLI:EU:C:2015:597.
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